UTILITY STORE CORPORATION OF PAKISTAN vs State 'Burden of proof' and 'standard of proof'

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UTILITY STORE CORPORATION OF PAKISTAN VS State 'Burden of proof' and 'standard of proof'---Scope---Prosecution was never absolved from proving the charge beyond reasonable doubt and the burden shifted to the accused only when the prosecution succeeded in establishing the presumption of guilt. Citation Name: 2021 SCMR 408 SUPREME-COURTBookmark this Case UTILITY STORE CORPORATION OF PAKISTAN VS State Ss. 9 & 10---Embezzlement by public servants---Petitions for leave to appeal against acquittal---Reappraisal of evidence---Accused was alleged to have misused his authority by illegally making payment into the account of co-accused (accounts clerk), who was deputed as in charge for lifting of sugar from godown of Trading Corporation of Pakistan on account of labour charges, which had already been paid by Trading Corporation to the handling agent---Trial Court convicted and sentenced both the accused and co-accused under Ss. 9 & 10 of the National Accountability Ordinance, 1999---High Court by extending benefit of doubt to the accused and co-accused acquitted them of all charges---Held, that High Court while acquitting the accused and co-accused had mainly observed that none of the prosecution witnesses had implicated the accused and co-accused with the allegation of misappropriation or embezzlement of amount; that the payments were made through cheques to the handling agents towards labour charges for loading and unloading and such position has been admitted in evidence by the prosecution witnesses; that the Investigating Officer had recorded statements of handling agents/transporters during investigation but none of them were examined during trial except one---Said handling agents/transporters had admitted in cross-examination that they did not make any demand of labour charges from Trading Corporation of Pakistan; that no money trail had been sorted out and no evidence of whatsoever nature had been brought on record to show that the accused and co-accused were the beneficiaries or that the Trading Corporation had also made payment to the handling agents---Fact that no payment was made by Trading Corporation to the handling agents was also admitted by the National Accountability Bureau (NAB) in the High Court---High Court also mentioned about a letter written by the Trading Corporation of Pakistan to the employer-Corporation of accused and co-accused regarding arrangement of labour for loading of sugar bags into trucks and its transportation by the employer-Corporation---Question of payment of labour charges to handling agents did not constitute an offence by means of corruption and corrupt practices but merely a procedural irregularity---Judgment of acquittal passed by the High Court did not call for any interference---Petitions for leave to appeal were dismissed and leave was refused.

UTILITY STORE CORPORATION OF PAKISTAN vs State 'Burden of proof' and 'standard of proof' — 2021 SCMR 408 SUPREME-COURT

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