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SHER MUHAMMAD vs State Ss — 2023 YLRN 15 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 YLRN 15 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Parties
SHER MUHAMMAD 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

SHER MUHAMMAD VS State Ss. 420 & 468---Prevention of Corruption act (II of 1947), S. 5(2)---Cheating, forgery and misconduct---appreciation of evidence---Signature, proof of---Presumption, impact of---accused persons were alleged to have prepared bogus allotment letter resulting in loss to national exchequer---Validity---all Investigating Officers had every opportunity to obtain specimen signatures of accused persons for comparison but they avoided to do so---Involvement of accused persons was on the basis of presumptions only---Presumption however strong may be cannot take place of legal proof---allotment was in favour of one accused but unless it was proved that he had knowledge or had connived with other accused or any other official of department, he could not be declared guilty merely on the reason that he was a beneficiary---Trial Court did not evaluate material by following settled principles for appreciation of evidence and had blindly followed, what prosecution claimed---High Court set aside conviction and sentence awarded to accused persons and they were acquitted of the charge---appeal was allowed, in circumstances.

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