MUHAMMAD SADIQ RAJA vs State Ss — 2021 PLD 831 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD SADIQ RAJA VS State Ss. 9(a)(v), 14(c) & 31-A---Acquiring assets beyond known sources of income and avoiding process of Court---Appreciation of evidence---Benami holdings---Absconder---Proof---Ex-Pakistan leave---Effect---Defence evidence---Accused was holder of public office who was alleged to have acquired assets beyond his known sources of income and was also alleged to have absconded to avoid process of Court---Trial Court convicted accused and sentenced him to imprisonment along with fine and forfeiture of properties---Validity---Prosecution did not produce the officer to whom any proclamation was entrusted---Absconding of accused was not proved by prosecution and at the most accused could be said to have long disappearance on his part---Such disappearance was not unlawful as the accused was abroad pursuant to approval of Ex-Pakistan leave for three years by competent authority---If brothers-in-law and mother-in-law of accused were Benamidar of accused then why their other properties were not forfeited---Version of accused throughout was that his two brothers-in-law were abroad from where they used to send money to him---Accused remained abroad for three years and his saving could not be thrown out from consideration---Accused was under obligation to offer a reasonable explanation although not beyond doubt---Word 'reasonable' did not mean that accused had to prove his innocence by producing evidence of high quality or at the same yardstick which was for prosecution, it simply meant 'something that was logical and exhibited good sense'---High Court set aside conviction and sentence awarded to accused and he was acquitted of the charge---Appeal was allowed in circumstances.

MUHAMMAD SADIQ RAJA vs State Ss — 2021 PLD 831 LAHORE-HIGH-COURT-LAHORE

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