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Criminal Appeal No. 1062 of 1975, heard on 3rd July, 1985.

‑‑‑S. 161‑‑Prevention of Corruption Act (II of 1947), S. 5(2) Illegal gratification‑‑Tainted currency notes not available at time of recording statement of witnesses and same not shown to them‑‑Trial Court failing to satisfy itself as to whether numbers of currency notes recovered from accused were same which were handed over by Magistrate to complainant for passing on to accused‑‑Order of conviction and sentence set aside and case remanded to trial Court for fresh trial.

Sh. Nisar Qutab for Appellant.

Nasim Iqbal for the State.

Date of hearing: 3rd July, 1984.

This criminal appeal arises from the judgment of the learned Special Judge, Anti‑Corruption, Lahore whereby he on 17‑11‑1975 convicted Abdul Rauf Sultan appellant under section 161, P.P.C. read with section 5 of the Prevention of Corruption Act and sentenced him to two years' R.I.

2. The appellant was working as Deputy Superintendent Examination N.D. Islamiya High School, Ichhra. The charge against him was that he accepted Rs. 400 from Syed Muhammad Sibtain for allowing an examinee to copy out answers of the question papers in the Intermediate Examination.

3. Since after hearing the learned counsel for the parties I desire to set aside the conviction and sentence and remand case for fresh trial therefore, I need not enter into the merits of the case. I find that at the time of recording the statement's of the witnesses, the case property was not available in the Court. The tainted currency notes were not shown to the witnesses at that time. The trial Court did not care to satisfy itself as to whether the numbers of the currency notes a recovered from the appellant were the same which were handed over by the Magistrate to the complainant for passing on to the appellant. I am of the view that on this infirmity alone the conviction and sentence of the appellant is liable to be set aside. The appeal is, therefore, accepted. The case is sent back to the trial Court. for fresh trial according to law.

M.Y.H Case remanded

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