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

Case information

Citation
2025 PCrLJ 737 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
PCRLJ
Parties
Citation Name: 2025 PCrLJ 737 KARACHI-HIGH-COURT-SINDHBookmark this Case Dost Muhammad vs State Ss
Subject matter
Criminal
Provisions referred to
S. 5---T; S. 161

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

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---Delay of 21 days in lodging the FIR adequately explained---accused was charged for taking illegal gratification for the issuance of medical certificate required for recruitment---admittedly the FIR was lodged after a delay of 21 days---However, said delay had been explained by stating that when the complainant went to collect his medical certificate a bribe of Rs. 50,000 was demanded from him by the appellant---Since that amount was not paid by the appellant as it he could not afford such payment over a period of time negotiations took place between the complainant and the appellant which led to the bribe amount being reduced to Rs. 20,000---However, the complainant could still not afford that amount and hence on the advice of a friend he went to the anti Corruption Establishment and lodged his FIR---Thus, delay in lodging the FIR, based on the particular facts and circumstances of the case was not found to be fatal to the prosecution case as the delay in lodging the FIR had been adequately explained---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 except modification in sentence in respect of the appellant's conviction under S.161 P.P.C.

Other judgments reported in 2025 PCRLJ

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