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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

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 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---Delay of five months in lodging FIR---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---Inordinate delay of about five months in the lodging of FIR as the raid was allegedly conducted by the then Civil Judge and Judicial Magistrate upon the directions of the then Sessions Judge, whereas FIR was got registered after a delay of about five months---No explanation had been furnished by the prosecution for such an inordinate delay---Said fact created doubt regarding involvement of the accused in the commission of alleged offence, whereas it had been clearly mentioned in the FIR that accused had committed offence of misappropriation of 1834 wheat bags valued at Rs. 20,63,250/- and 340 empty bags valued at Rs.17000/-, in connivance with the then District Food Controllers---Even the Judicial Magistrate, who had conducted raid, had also specifically stated that the said two Food Controllers had committed the alleged offence, despite that said Food Controllers had been let-off without disclosing any plausible justification---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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