SANAULLAH BABAR vs The STATE/NATIONAL ACCOUNTABILITY BUREAU Ss — 2022 PCrLJ 213 PESHAWAR-HIGH-COURT

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SANAULLAH BABAR VS The STATE/NATIONAL ACCOUNTABILITY BUREAU Ss. 9(a)(iv) & 32---Assets beyond known sources of income---Appreciation of evidence---Benami holding of properties---Proof---Death of accused---Legal heirs, impleading of---Accused was alleged to have assets beyond his known sources of income purchased in the names of his wife and son---Accused was convicted and sentenced by Trial Court and the properties were also forfeited---During pendency of appeal accused died and High Court arrayed his legal heirs as appellants in appeal---Widow and son of deceased accused claimed to be owners of the properties forfeited by Trial Court, as the same were purchased by their own independent sources of income---Validity---Details of properties purchased and sold by deceased accused revealed that spouses had purchased land and plots on meager amount and sold out the same on handsome price which had boasted their income quickly---Findings of Trial Court with regard to guilt of deceased accused were based on mere presumptions and assumption---Assumptions and presumption how high might be could not be a substitute of evidence---Deceased accused through evidence led by him in defence had successfully rebutted allegation of prosecution---Prosecution failed to prove its case through cogent and confidence inspiring documentary and oral evidence---Even a shred of evidence was not brought by prosecution to prove corruption and corrupt practices of deceased accused and widow while they were serving in service of Pakistan---High Court set aside sentence of fine imposed by Trial Court to the extent of forfeiture of properties in the name of deceased accused and his dependents including his widow and son---Appeal was allowed accordingly. Head NotesCase Description

SANAULLAH BABAR vs The STATE/NATIONAL ACCOUNTABILITY BUREAU Ss — 2022 PCrLJ 213 PESHAWAR-HIGH-COURT

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