GULZAR AHMED SOOMRO vs State Ss — 2022 PCrLJN 120 KARACHI-HIGH-COURT-SINDH

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

GULZAR AHMED SOOMRO VS State Ss. 409, 201 & 34---Prevention of Corruption act (II of 1947), S. 5(2)--- Criminal breach of trust by public servant, causing disappearance of evidence of offence, common intention, criminal misconduct---appreciation of evidence---accused was charged that he being Police Official misappropriated G-3 rifle, two magazines and forty bullets---Issuance of G-3 rifle to the accused had not been denied by the accused---Record established that accused did not deposit G-3 rifle which was issued to him earlier and without being deposited another G-3 rifle was issued to him---all the prosecution witnesses supported the case and no major contradiction was found in their evidence, however, both the accused took different pleas and were levelling allegations against each other for which they failed to produce any valid proof---Record transpired that the accused remained dismissed from service and during the period of his dismissal from service, particularly at the time when a reliable government rifle (prohibited bore for civilian) was lying into his illegal custody, as such misuse of the said rifle by him or by some other irresponsible individuals/miscreants could not be ruled out---Statement of co-accused, incharge of Police Line, indicated that he was also fully aware of the situation but he remained silent in that regard and failed to submit such facts for the perusal of his high-ups and submitted his report after lapse of four years with mala fide intention for the reasons best known to him---Leniency displayed by co-accused in that scenario made him equally responsible for initiating both i.e. departmental as well as criminal proceedings---Statement of accused regarding deduction of price of government G-3 rifle from his monthly salary provided sufficient ground to believe that he was taking that serious issue in a lighter way, hence, missing of government G-3 rifle with two magazines and forty rounds would be treated as intentional misappropriation---Based on the particular facts and circumstances of the case the prosecution had proved its case against both the accused beyond a reasonable doubt---appeals against convictions by the accused were dismissed accordingly.

GULZAR AHMED SOOMRO vs State Ss — 2022 PCrLJN 120 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported