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BASHIR AHMED vs State Ss — 2022 PCrLJN 46 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 46 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
BASHIR AHMED vs State Ss
Subject matter
Criminal
Provisions referred to
S. 5---C; S. 164---C; S. 164; Criminal Procedure Code (V of 1898)

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

BASHIR AHMED VS State Ss. 409 & 34---Prevention of Corruption act (II of 1947), S. 5---Criminal Procedure Code (V of 1898), S. 164---Criminal breach of trust by public servant, common intention, criminal misconduct---appreciation of evidence---Confessional statement of accused---Scope---accused was charged for misappropriation of an amount of Rs. 7,55,736/- in stamp papers and court fee---Record showed that accused in his statement under S. 164, Cr.P.C., allegedly given by him before Mukhtiarkar and First Class Magistrate (FCM), admitted that shortage in question was committed by him---Such statement lost its evidentiary value for two reasons; firstly, that the said statement had, at all, not been produced and exhibited before the Trial Court and secondly, that the same was given before the Mukhtiarkar and FCM, who himself had been nominated as co-accused in that case---Circumstances established that the prosecution had not succeeded in discharging its obligation to prove the case beyond shadow of reasonable doubt---appeal against conviction was allowed, in circumstances.

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