1980 PLP 357 (SCMR)

ANWARUL HAQ, C. J.‑This petition seeks review of the judgment of this Court dated the 4th of July, 1974, by which Criminal Petition for Special Leave to Appeal No. 211 of 1974, directed against the conviction and sentence awarded to the petitioner by the learned Special Judge Anti‑Cor ruption, Multan, under section 161 of the Pakistan Penal Code, read with section 5 (2) of the Prevention of Corruption Act, 1947, was dismissed. The allegations against the petitioner were that while working as a Junior Clerk in the office of the District Inspector of Schools, Sahiwal, he accepted a sum of Rs. 50.as illegal gratification from a school teacher by the name of Ahmad Din, who wanted his transfer from Pakpattan to Okara, and had contacted the petitioner for assistance in this behalf. On information given by Ahmad Din a trap was laid, and the tainted ‑money was recovered from the possession of the petitioner in the presence of a Magistrate. The learned trial Judge believed this evidence and rejected the defence version that the money had been paid to the petitioner as a refund of the amount previously advanced by him to the complainant for the' purchase of Ghee. These findings were upheld in appeal by a learned Judge of the Lahore High Court by his order dated the 28th of May, 1974. It was contended before us on behalf of the petitioner that the Courts below had erred in holding that the money was received by the petitioner as illegal gratification; as there was no evidence to support this allegation and that the petitioner was not in a position to transfer the complainant from one place to another, or to help him in that behalf, and, therefore, the offence, if any, committed by him did not fall within the purview of sec tion 161 of the Penal Code. Both these contentions were repelled, observing that there was evidence to support the nature of the transaction between the petitioner and the complainant, and that the defence version in this behalf had been rightly re jected. It was further held that even though the petitioner was not in a posi tion to transfer the complainant from one place to another yet his case fell within the ambit of the second part of section 161, P. P. C., which makes punishable illegal gratification for rendering or attempting to redder any service or disservice to any person, with any public servant as such. Review of our judgment is sought on the ground that there was no evidence to show conscious acceptance of illegal gratification by the peti tioner; nor was there evidence to show that he was capable of helping the complainant in the matter of his transfer. It will be seen that both these contentions were raised at the time of the hearing of the main petition, and they were repelled for detailed reasons recorded in the judgment dated. the 4th July, 1974 Accordingly, no justification is made out for review of that order. The petition, therefore, fails and is hereby dismissed. Petition dismissed.