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

Case information

Citation
2022 YLRN 147 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
ZAKIR ALI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 5; S. 342---C; S. 409; 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

ZAKIR ALI VS State Ss. 409, 201, 218 & 468---Prevention of Corruption act (II of 1947), S. 5(2)---Criminal Procedure Code (V of 1898), S.342---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-Specific plea taken by accused---Scope---accused was charged for misappropriating government wheat and causing wrongful loss to the Government and obtaining wrongful gain by preparing forged documents/record---accused, in his statement had taken a specific plea that he had been falsely involved in the case by a Food Contractor, who being in league with officials of Food Department, had misappropriated wheat during transportation of wheat from one Centre to Godown---accused, when smelt some foul play, he moved applications to higher authorities but no heed was paid---accused also produced copies of such applications and statement---Trial Court had not properly taken into consideration said plea of the accused---None of the witnesses had specifically deposed that accused obtained wrongful gain for himself which was also an important ingredient for constituting offence under S.409, P.P.C.---Similarly, none of the witnesses had said a single word that they had seen the accused or any other person acting on his behalf to have sold out or handed over the wheat bags to any person nor a single bag had been recovered from his possession or from his house which might constitute the offence under S.409, P.P.C.---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.

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