ZAKIR ALI vs State Ss — 2022 YLRN 147 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.

ZAKIR ALI VS State Ss. 409, 201, 218 & 468---Prevention of Corruption act (II of 1947), S. 5(2)---Criminal breach of trust by public servant, forgery for purpose of cheating, causing disappearance of evidence, public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture, embezzlement by government employee---appreciation of evidence---Benefit of doubt---accused was charged for misappropriating government wheat valued at Rs. 20,80,250/- and caused wrongful loss to the Government and obtained wrongful gain by preparing forged documents / record--- Record showed that C.O. aCE/witness, in his cross-examination, admitted that in raid report the name of accused was not mentioned---Contents of the FIR showed that, it had been mentioned therein that accused in connivance with the then District Food Controllers, misappropriated 1834 wheat bags valued at Rs.20,63,250/- and 340 empty bags valued at Rs.17000/---Question was as to why said District Food Controllers had not been arrayed as accused persons and rather they were let-off without disclosing any plausible justification---Not only that, even said District Food Controllers had not been made witnesses in the case, nor even their statements were recorded by the Investigating Officer---Said fact smacked something fishy on the part of Investigating agency---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court, in circumstances.

ZAKIR ALI vs State Ss — 2022 YLRN 147 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported