1994 P Cr (PLP)

Mian Ghulam Rasool for Appellant. J.V. Gardner for the State. Date of hearing: 16thMarch, 1994. This is an appeal filed by Muhammad Rashid convict impugning his conviction under section 161 of the P.P.C. read with section 5 of the Prevention of Corruption Act, 1947 and his consequent punishment of one year's R.I. and a fine of Rs.5,000 or three months' R:I. in default of payment of fine which conviction and sentences had been recorded by a learned Special Judge, Anti --Corruption, Sargodha at Faisalabad through his impugned judgment, dated 14-6-1989.

2. The prosecution case was that Rashid appellant was employed as a Sub-Inspector in the Cooperative Society in the area of Tehsil Samundari and had demanded Rs.500 as illegal gratification for recommending the sanctioning of a cooperative loan for the Cooperative Society of Chak No.594/GB of Tehsil Samundari. Rustam. Ali (P.W.3) was the cashier of the said Society and had reported at the Police Station A.C.E., Faisalabad regarding this illegal demand of the appellant as a result of which raid had been conducted which had been supervised by Syed Ali Aust, M.I.C. (P.W.2).

3. The admitted position is that Rustam Ali complainant who has allegedly handed over the tainted currency of Rs.500 to the appellant had not supported the prosecution case at the trial. None of the members of the raiding party including Syed Ali Aust, M.I.C. (P.W.2) and Saadullah, Circle Officer of A.C.E., had either witnessed the passing of the tainted currency, to Rashid appellant or had heard the conversation which had taken place between the complainant and the appellant at the relevant time. The tainted currency had been given to the appellant inside a shop, which is well away and out of the sight of the said members of the raiding party. The only fact that the appellant had not been able to reasonably explain the possession of the tainted currency was not sufficient to hold him guilty of the charge.

4. This being so, I find that the prosecution had failed to prove the guilt of Rashid appellant beyond reasonable doubt. Consequently, the above-noticed conviction and sentences recorded against Rashid appellant through the impugned judgment, dated 14-6-1989 of the learned Special Judge, Anti --Corruption, Sargodha (Camp at Faisalabad) are set aside alongwith the said judgment. Muhammad Rashid appellant is acquitted of the above-mentioned charges. He is on bail after suspension of the sentence recorded against him. He is set at liberty after being discharged from the said bonds which are hereby cancelled.

5. Criminal Appeal No.462 of 1989 is allowed in the above terms. N.H.Q./M-1546/L Appeal allowed.