2002 PLP 1548 (SCMR)

Nemo for the State. Date of hearing: 15th April,2002. TANVIR AHMED KHAN, J.‑‑‑Leave to appeal is sought' against the judgment dated 5‑3‑2002 passed by a learned Single Judge of the Lahore High Court, Lahore, dismissing Criminal Appeal No.1728 of 2000 filed by the petitioners against their convictions and sentences recorded by the learned Special Judge Anti‑Corruption, Sargodha Division, Sargohda, through' his judgment dated 27‑11‑2000, whereby they were convicted under section 161, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947 and sentenced to two years' R.I. each with a fine of Rs.5,000 or in default to suffer further three months' simple imprisonment each. Benefit of section 382‑B, Cr.P.C. was extended to them. Briefly stated facts of the case are that Bashir Ahmad (P.W.4) made complaint (Exh. P‑A) on 19‑12‑1997 before the Additional Director Anti Corruption, Faisalabad, wherein certain allegations were levelled that the petitioners alongwith two others trespassed into his house and abused the Pardah‑observing ladies; broke open the box and took away household articles as well as cash of Rs.4,

500. Sons of the complainant were taken away and kept in illegal confinement by the petitioners and others. They were, however, released after accepting illegal gratification by the accused. The matter was enquired into and ultimately formal F.I.R. No.37 of 1998 was registered against them at Police Station A.C.E., Faisalabad on 22-4-1998. After usual investigation challan against the petitioners was submitted in the Court. The prosecution produced six witnesses in order to establish its case. When the petitioners were examined under section 342, Cr.P.C. they denied the allegations and deposed that they had been roped in the case falsely as they got a case registered against Muhammad Ashraf, son of the complainant. The learned Special Judge Anti‑Corruption, Sargodha, after evaluating the entire evidence convicted and sentenced the petitioners through the judgment dated 27‑11‑2000 in the above terms. They assailed the aforesaid judgment in the Lahore High Court by tiling Criminal Appeal No. 1728 of 2000 which has been dismissed by a learned Single Judge of the High Court through the judgment dated 5‑3‑2002, impugned herein. Hence this petition for leave to appeal. Learned counsel for the petitioners has contended that the petitioners have been implicated in this case out o, enmity as the complainant's son Muhammad Ashraf was found involved in a case of narcotics and F.I.R. No.472 was registered against him at Police Station Jauharabad under Articles 3/4 of Prohibition of Enforcement of Hadd Order, 1979, and he was convicted and sentenced by the learned Magistrate Section 30, Noorpur Camp at Jauharabad, vide his judgment dated 2‑7‑1999 to two years' R.I. with a tine of Rs.1,000 or in default to further undergo two months' simple imprisonment. The petitioners moved an application under section 428, Cr.P.C. for additional evidence to bring on record the aforesaid judgment of the learned Magistrate but the learned Single Judge of the Lahore High Court dismissed the same in an arbitrary manner. We have considered the contentions advanced by the learned counsel and have. gone through the material placed on record with his assistance. We have noticed that petitioners' statements under section 342, Cr.P.C. were recorded after the aforementioned judgment rendered by the learned Magistrate but no reference whatsoever was made by the petitioners in the said statements. Furthermore, the above judgment has been set at naught by the learned Sessions Judge, Khushab, vide his judgment dated 14‑6 2000. The learned Single Judge of the High Court has given cogent reasons for dismissal of the said application as it would not have changed the fate of the case after the acceptance of appeal by the learned Sessions Judge. Apart from it, we have noticed that the amount of illegal gratification was received by the petitioners in presence of the witnesses who had fully supported the stance of the complainant. It is worth mentioning that conviction of complainant's son was recorded by the Magistrate on 2‑7‑1999 which was set aside by the learned Sessions Judge, Khusbab, on 14‑6‑2000 and statement of the complainant was recorded on 19‑6‑2000. By that time the complainant's grievance qua implication of his son Muhammad Ashraf, if any, had already been redressed on account of his acquittal. Resultantly, for the foregoing reasons, we do not find any legal infirmity in the judgment impugned. The instant petition being without any merits is hereby dismissed and leave refused. Q.M.H./M.A.K./M‑408/S Petition dismissed.