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Syed SHAUKAT ABBAS HAMDANI vs State S — 2022 PCrLJ 1150 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJ 1150 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PCRLJ
Parties
Syed SHAUKAT ABBAS HAMDANI vs State S
Subject matter
Criminal
Provisions referred to
S. 9; National Accountability Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Syed SHAUKAT ABBAS HAMDANI VS State S. 9(a)(vi)---Misuse of authority---Appreciation of evidence---Principle of consistency---Applicability---Acquittal of co-accused---Hand writing comparison, absence of---Accused was an official of Capital Development Authority and was convicted and sentenced to imprisonment for 10 years by Trial Court on the allegations of misuse of his authority---Validity---Prosecution did not get compared handwriting available on withdrawal slips in order to establish that amount was withdrawn and then deposited by same person---Co-accused was acquitted by Trial Court regarding his asset beyond means--- In absence of any proof that amounts deposited by accused or any other person on his behalf in his account were outcome of corruption or corrupt practices or it was a legitimate amount---High Court set aside the conviction and sentence awarded to accused and acquitted him of the charge, as prosecution failed to prove mens rea which was an essential component of S. 9(a)(vi) of National Accountability Ordinance, 1999--- Appeal was allowed accordingly.

Other judgments reported in 2022 PCRLJ

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