MUSHTAQUE HUSSAIN vs State S — 2023 PCrLJN 58 KARACHI-HIGH-COURT-SINDH

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MUSHTAQUE HUSSAIN VS State S. 409---Prevention of Corruption act (II of 1947), S. 5(2)---Embezzlement by government employee, criminal misconduct---appreciation of evidence---Prosecution case was that accused misappropriated 2970 bags of wheat and caused loss of Rs. 20,19,600/- to the government exchequer---Evidence produced by the prosecution, established that the accused had purchased wheat 9020 bags and dispatched only 6050 bags to different centers and 2970 bags of wheat were misappropriated by the accused---Posting at the time of procurement of the wheat had not been denied by the accused---Four different defences were taken by the accused during the trial, he had remained absconder till entire investigation was completed and challan was submitted before the court---Defences taken by the accused were that the 2970 bags were with the growers; that the wheat was misappropriated by contractors; that four trucks of wheat were forcibly taken away by DFC through contractor---accused had not made any suggestion to the DFC when his evidence was recorded that he had taken four trucks of wheat from the PRC where accused was Incharge, by force nor any complaint was made by the accused before or after the case was registered against him---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal was dismissed accordingly.

MUSHTAQUE HUSSAIN vs State S — 2023 PCrLJN 58 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported