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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. 161; S. 409

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)---Qanun-e-Shahadat (10 of 1984), art.129(g)---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---Withhold-ing material witnesses---Scope---accused was charged for misappropriating government wheat viz. 1834 bags valued at Rs.20,80,250/- and causing wrongful loss to the Government and obtaining wrongful gain by preparing forged documents / record--- District Food Controllers, although having been nominated in the raid report as well as in the FIR to be involved in the commission of alleged offence of misappropriation, were let-off by the Investigating Officer without disclosing any plausible justification---Not only that, even said Food Controllers were also not made witnesses in the case and neither their statements under S.161, Cr.P.C., were recorded by the Investigating Officer, nor were they examined before the Trial Court---Said fact was also injurious to the prosecution case as it was settled principle of law that despite availability of material witness, non-examination of such witness in the case had given inference that in case such witness had been examined, he would have deposed against the prosecution, as envisaged under art. 129(g) of Qanun-e-Shahadat, 1984---Neither the entrustment nor dishonest misappropriation or conversion to one's own use or dishonest disposal of property had been established by the prosecution therefore, basic ingredients for constituting an offence under S.409, P.P.C., were lacking in the case---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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