KHADIM HUSSAIN SHAH vs State Ss — 2022 YLR 1174 KARACHI-HIGH-COURT-SINDH

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KHADIM HUSSAIN SHAH VS State Ss. 9(a)(iii)(vi) & 14---Illegal pecuniary advantages and misuse of authority---Appreciation of evidence---Shifting of onus to prove---Principle---Applicability---Accused was Food Supervisor/Incharge Wheat Procurement Center and was alleged to have embezzled government funds and wheat which was at his disposal---Trial Court convicted the accused and sentenced him to imprisonment for ten years---Validity---Prosecution could shift under S.14 of National Accountability Ordinance, 1999, the burden upon accused if it succeeded in linking the capability of accused for corruption with some material from record that manifested corruption---Accused remained incharge of certain Wheat Procurement Centers and in that capacity he was entrusted with some commodities and sufficient cash-flow through Banks was at his disposal---Accused was assigned task of procurement of wheat---Prosecution established payments to growers through Banks on the basis of purchase bills issued by accused---Prosecution also established that entire quantity of procured wheat was not received at PRC---Burden was on accused to establish through evidence that either he had not procured alleged quantity or he had dispatched or disposed of entire quantity of wheat as per relevant policy and procedure---Accused was required to establish that alleged quantity of wheat bags and empty bags were not misappropriated---Accused could not discharge such burden from record or in the shape of any other evidence---Even accused could not offer to enter into witness box in order to disprove prosecution case or to examine anyone in his defence---High Court declined to interfere in conviction and sentence awarded to accused by Trial Court as the same was based upon proper appreciation of evidence---Appeal was dismissed, in circumstances.

KHADIM HUSSAIN SHAH vs State Ss — 2022 YLR 1174 KARACHI-HIGH-COURT-SINDH

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