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State vs NISAR HUSSAIN SHAH Ss — 2022 PCrLJ 713 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 PCrLJ 713 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
PCRLJ
Parties
State vs NISAR HUSSAIN SHAH 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

State VS NISAR HUSSAIN SHAH Ss. 14 (c) & 32---assets beyond known sources of income---appreciation of evidence---appeal against acquittal---Onus to prove---Defective investigation---Duty of Investigating officer---accused was alleged to have acquired assets beyond his known sources of income by misusing his authority---accountability Court acquitted the accused of the charge---Validity---accused owned the assets with the assertion that those were lawfully purchased by him through his legal means---By owning the assets though burden shifted on accused but still it was prosecution who had to establish that sources shown by accused firstly during inquiry/investigation and secondly before accountability Court, were not legal or not in conformity with his properties---Investigating officer on each occasion failed to properly investigate the matter---Investigating Officer was obliged to investigate each and every aspect of case keeping in view the defence version taken by accused at the time of investigation---Prosecution was supposed to have discovered and proved the known sources of accused--- Scope of interference in appeal against acquittal was narrow and limited as in acquittal presumption of innocence was significantly added to the cardinal rule of criminal jurisdiction and accused was presumed to be innocent until proved guilty and such presumption of innocence was doubled---High Court declined to interfere in judgment of acquittal passed by accountability Court in favour of accused---appeal was dismissed, in circumstances. Head NotesCase Description

Other judgments reported in 2022 PCRLJ

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