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Criminal Appeal No. 239 of 1983, heard on 15th October. 1984.
‑‑‑S. 161‑‑Prevention of Corruption Act (11 of 1947), S. 5(2)‑‑Illegal gratification‑‑Sentence‑‑Accused receiving rupees twenty only‑‑Suffering agony of trial‑‑Nature of sentence altered from imprisonment to fine.‑ [Sentence].
Sardar Muhammad Latif Khosa for Appellant.
S.M. Hamid Ali for the State.
Date of hearing: 15th October, 1984.
This criminal appeal arises from the judgment of the learned Senior Special Judge Anti‑Corruption, Punjab, Lahore, whereby he on 8‑5‑1983 convicted Muhammad Hussain appellant under section 161, P.P.C. read with section 5 of the Prevention of. Corruption Act, 1947 and sentenced him to six months' R.I. and a fine of Rs.1,000 in default thereof to further R,I. for three months.
2. The learned counsel on the instructions of the appellant has decided not to challenge the conviction and rightly so because there is sufficient reliable evidence to prove the commission of the crime by the appellant. He has requested for leniency in sentence. In the circumstances of the case that the appellant has suffered agony of trial and that the allegations are that he received Rs.20 only, I feel inclined to alter the nature of sentence of imprisonment of six months' R to a fine of Rs.5,000 in default thereof to R.I. for six months. The fine of Rs.1,000 and sentence in lieu thereof already awarded by the trial Court is maintained. Resultantly, the appellant shall deposit Rs.6,000 (Six thousand) with the trial Court within two months failing which the trial Court shall issue warrants for his arrest and detention.
M.Y.H. Appeal allowed
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