| Case ID |
2049ded8-9674-455c-89e8-4d3a10e80276 |
| Body |
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| Case Number |
Criminal Appeal No. 281 of 1959 |
| Decision Date |
Aug 03, 1959 |
| Hearing Date |
|
| Decision |
The appeal was directed against the conviction of the appellant under section 161 of the Pakistan Penal Code and subsection (2) of section 5 of the Prevention of Corruption Act, 1947. The appellant was sentenced to six months of rigorous imprisonment and a fine of Rs. 1,500. The court found that the trial was flawed due to misjoinder of offences and the improper use of evidence from the committal stage. Consequently, the conviction and sentence were set aside, and the appellant was acquitted of the charges, with no retrial ordered due to the significant time elapsed since the events. |
| Summary |
This case revolves around the conviction of an Assistant Sub Inspector of Police for corruption charges under the Prevention of Corruption Act and the Pakistan Penal Code. The court highlighted significant legal principles regarding the distinct nature of offences under the Prevention of Corruption Act and the necessity for a proper trial process. The Dacca High Court found that the initial trial was marred by serious procedural errors, including the misjoinder of charges, which led to an unjust conviction. The appeal underscored the importance of adhering to procedural laws in criminal trials to ensure fairness and justice. The decision reflects a commitment to uphold legal standards and protect the rights of the accused, emphasizing that convictions must be based on sound legal principles and evidence. |
| Court |
Dacca High Court
|
| Entities Involved |
Not available
|
| Judges |
RAHMAN, JUSTICE
|
| Lawyers |
P. C. Bose,
M. Fazlul Huy
|
| Petitioners |
SHAMSUDDIN AHMED
|
| Respondents |
THE STATE
|
| Citations |
1960 SLD 413,
1960 PLD 205
|
| Other Citations |
Crowr v. Ghulam Muhammad P L,D 1950 Lah. 479,
Hema Singh and another v. Emperor A I R 1922 Pat. 644
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Criminal Law Amendment Act (XIX of 1948),
Prevention of Corruption Act (II of 1947)
|
| Sections |
233,
342,
7,
5
|