Haji DOST MUHAMMAD NOONARI vs Mir AHMED NOONARI Ss — 2022 YLR 156 KARACHI-HIGH-COURT-SINDH

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Haji DOST MUHAMMAD NOONARI VS Mir AHMED NOONARI Ss. 467, 468 & 471---Prevention of Corruption act (II of 1947 ), S. 5(2)---Forgery for valuable security, forged document, using as genuine a forged document, presumption where public servant accepts gratification other than legal remuneration---appreciation of evidence---appeal against acquittal---Prosecution case was that the accused by producing a fake and fraudulent certificate of shorthand succeeded in getting promotion as Senior Stenographer---Record showed that there was delay of more than 25 years in lodgement of the FIR---alleged shorthand certificate issued in the year 1990 was allegedly used in the year 1991, whereas the application, which was culminated into the subject FIR in the year 2016 was moved by the complainant in the year 2011---Record showed that complainant had lodged FIR during 2010 for offence under S.302, P.P.C. against accused of present case and his nephews and other relatives regarding murder of his son coupled with two other FIRs against the accused and others---Subject application was moved by complainant after more than two decades that too after the murderous enmity between the complainant and the accused---Record further revealed that the complainant had also submitted an application to the Secretary to Chief Minister Inspection and Evaluation Team, in which the Deputy Commissioner had allegedly conducted the enquiry and found the application of complainant baseless---Record further revealed that on the complaint of the complainant enquiry was conducted by the Circle Officer, anti Corruption Establishment, who submitted report to the effect that the allegations levelled by the complainant were not proved against the accused and had recommended for closure of the investigation---admittedly, Investigating Officer had not enquired about the alleged certificate from the Social Welfare Department and was not got verified from the concerned department nor the evidence of the relevant person was recorded during the investigation---Complainant had stated that he got the certificate verified from the concerned department, but said verification letter was not brought on record during the trial---Impugned judgment revealed that the Trial Court had properly dealt with the evidence of the parties having pointed out the material discrepancies, infirmities, and glaring contradictions etc. therein---Circumstances established that the conclusion of acquittal arrived at by the Trial Court based on appreciation of evidence could not be termed to be arbitrary, fanciful, artificial, shocking and ridiculous, therefore, the impugned acquittal judgment did not call for interference---appeal against acquittal was dismissed, in circumstances.

Haji DOST MUHAMMAD NOONARI vs Mir AHMED NOONARI Ss — 2022 YLR 156 KARACHI-HIGH-COURT-SINDH

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