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ANWAR ALI vs State Ss — 2022 PCrLJ 65 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJ 65 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PCRLJ
Parties
ANWAR ALI vs State Ss
Subject matter
Criminal

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

ANWAR ALI VS State Ss. 9(a)(vi) & 14(c)---Misuse of authority and causing loss to government---Appreciation of evidence---Plea bargaining of co-accused---Effect---During trial two co-accused persons entered into plea bargain who admitted their guilt and returned illegal benefits derived by them---Accused was convicted by Trial Court for imprisonment for five years for committing misuse of authority and causing loss to government exchequer---Validity---Prosecution failed to establish any nexus of accused with co-accused persons inspite of the fact that they entered into plea bargain and settled their liabilities with National Accountability Bureau (NAB)-- It was duty of investigating officer to bring on record evidence showing connivance of accused with co-accused persons---Such kind of evidence was lacking, which had made case of prosecution doubtful---If accused as solely responsible for misappropriation in funds then two co-accused persons could not have entered into plea bargain who had deposited major part of misappropriated amount---No money trail or accumulation of assets beyond known sources of income was established against accused---High Court set aside conviction and sentence awarded to accused and acquitted him of the charge as prosecution failed to prove its case against accused beyond shadow of reasonable doubt--- Appeal was allowed in circumstances.

Other judgments reported in 2022 PCRLJ

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