' This criminal appeal arises from the judgment of the learned Special Judge, Anti-Corruption, Lahore whereby he on 17-11-1975 convicted Abdul Rauf Sultan appellant under section 161, P.P.C.
Read with section 5 of the Prevention of Corruption Act and sentenced him to two years' R.I.
2. The appellant was working as Deputy Superintendent Examination N.D. Islamiya High School, Ichhra. The charge against him was that he accepted Rs, 400 from Syed Muhammad Sibtain for allowing an examinee to copy out answers of the question papers in the Intermediate Examination.
3. Since after hearing the learned counsel for the parties I desire to set aside the conviction and sentence and remand case for fresh trial therefore, I need not enter into the merits of the case. I find that at the time of recording the statements of the witnesses, the case property was not available in the Court. The tainted currency notes were not shown to the witnesses at that time. The trial Court did not care to satisfy itself as to whether the numbers of the currency notes recovered from the appellant were the same which were handed over by the Magistrate to the complainant for passing on to the appellant. I am of the view that on this infirmity alone the conviction and sentence of the appellant is liable to be set aside. The appeal is, therefore, accepted. The case is sent back to the trial Court for fresh trial according to law. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.