Appeal Against Acquittal in a Corruption and Bribery Case

Panel: Riaz Ahmad, J.

This appeal, decided on March 26, 1984, was filed by the Provincial Government against the acquittal of Tauqir Hussain on charges under Section 161 of the Pakistan Penal Code and Section 5(2) of the Prevention of Corruption Act, 1947. Ch. Qamar-ud-Din Meo represented the State. The case stemmed from an incident on December 13, 1967, where complainant Abdul Hameed alleged that Tauqir Hussain, a Taxation Clerk, demanded an illegal gratification of Rs. 80 (later settled at Rs. 50) to prevent an increase in his property’s tax assessment. A raid was conducted, leading to the recovery of tainted currency notes from Tauqir Hussain. The trial court, however, acquitted the respondent due to inconsistencies in the complainant’s statement, lack of corroboration, and the prosecution’s failure to produce key witnesses, including Sharif Ahmad Foot-Constable who watched the transaction, and Ali Ahmad S.I..

The High Court affirmed the acquittal, finding that the trial judge’s decision was based on cogent and sound reasons consistent with established principles of evidence appraisal in criminal cases. The court emphasized that interference in an acquittal is only warranted if the trial court’s view is perverse, causing a miscarriage of justice. It was noted that drawing a presumption under Section 4 of the Prevention of Corruption Act, 1947, requires strong and adequate evidence, which was absent due to the feeble and inconsistent nature of the evidence presented. The court also found the complainant’s inconsistent statements regarding the passing of the tainted money problematic. The failure of the prosecution to produce crucial witnesses, such as Muhammad Hanif and Hameed (tenants present during discussions of illegal gratification) and Sharif Ahmad Foot-Constable, was deemed fatal to the prosecution’s case, leading to a justifiable presumption that their testimony would not have supported the prosecution. Therefore, the appeal was dismissed.

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