Citation Name: 2025 PCrLJ 737 KARACHI-HIGH-COURT-SINDHBookmark this Case Dost Muhammad vs State Ss

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Citation Name: 2025 PCrLJ 737 KARACHI-HIGH-COURT-SINDHBookmark this Case Dost Muhammad VS State Ss. 161 & 34---Prevention of Corruption act (II of 1947), S. 5---Taking illegal gratification by corrupt or illegal means, common intention, criminal misconduct---appreciation of evidence---Ocular account proved---accused was charged for taking illegal gratification for the issuance of medical certificate required for recruitment---according to the evidence of the complainant, who was an eye-witness to the bribery on 20.10.2019 he was supposed to receive medical certificate (MC) for the purpose of joining the police however the appellant told him that there was an issue regarding his medical certificate and demanded Rs. 50,000 from him to issue his Medical Certificate---after a week complainant was unable to arrange the bribe of Rs. 50,000 whereupon the appellant gave him a few more days and told him to at least arrange Rs. 20,000 otherwise he would not get his Medical Certificate---after discussing the matter with his cousin he approached the anti Corruption Establishment on 05.11.19 where he submitted his complaint and his S.154 Cr.P.C statement was also recorded---Next day FIR was lodged on his complaint by official who then brought the Judicial Magistrate---Judicial Magistrate reviewed his FIR and called two witnesses---Officials of anti Corruption Establishment prepared mashirnama of handing over tainted amount of Rs. 20,000 (4 ´ 5,000) to him which he took into his possession---Thereafter complainant, his witnesses, Judicial Magistrate and trap team went to police hospital garden---Trap party took up positions whilst complainant entered the room of the appellant and told him that he had arranged Rs. 20,000 with great difficulty and handed over the bribe to him in return for his Medical Certificate---Complainant then left the room and signaled the trap party who entered the room---Official of anti Corruption Establishment carried out the search and recovered from the appellant the tainted notes which matched the numbers on the notes in the earlier mashirnama---When confronted by Judicial Magistrate as to how the appellant had the tainted notes, he had no explanation---Eye-witness evidence was not materially improved on from his S.154 Cr.P.C statement---Complainant was not related to the appellant or any other witness and had no ill will or enmity towards the appellant which would give him a reason to implicate him in a false case---Complainant knew the appellant and handed the bribe to him so the identity of the appellant was not in doubt---Eye-witness gave his evidence in straightforward manner and was not dented during lengthy cross-examination---as such, evidence of this eye-witness was found to be trust worthy, reliable and confidence inspiring and believable---Evidence of eye-witness was corroborated/supported in all material respects by three witnesses save in respect of their presence in the room when the tainted money was handed over by the eye-witness/complainant to the appellant---Circumstances established that the prosecution had proved its case beyond any shadow of doubt, however sentence of accused under S.161, P.P.C, was too harsh keeping in view the fact that the bribe only amounted to Rs. 20,000 which was relatively minor and as such his sentence under S.161, P.P.C, was reduced from RI for 2 years to RI for one year---appeal was dismissed in the above terms.

Citation Name: 2025 PCrLJ 737 KARACHI-HIGH-COURT-SINDHBookmark this Case Dost Muhammad vs State Ss — 2025 PCrLJ 737 KARACHI-HIGH-COURT-SINDH

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