Abdul Wahab Abbasi vs State Discrimination — 2025 MLD 555 KARACHI-HIGH-COURT-SINDH

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Abdul Wahab Abbasi VS State Discrimination---Effect---Challenging prosecution on the ground of discrimination cannot be a complete valid defense to absolve an accused from criminal liability arising from his actions or inactions---Any person charged for an offence is answerable for his own acts or omission and has to defend himself in a trial for the offence with which he has been charged. Citation Name: 2025 MLD 555 KARACHI-HIGH-COURT-SINDHBookmark this Case Abdul Wahab Abbasi VS State S.342---Defence plea, raising of---Procedure---If accused has a defense plea, the same should be put to witnesses in cross-examination, and then same should be put forward while recording statement under S.342 Cr.P.C. Citation Name: 2025 MLD 555 KARACHI-HIGH-COURT-SINDHBookmark this Case Abdul Wahab Abbasi VS State S.9(a)(vi)---Misuse of authority---Appreciation of evidence---Embezzlement of funds---Loss to national exchequer---Attempt to misuse authority---Accused was alleged to have embezzled a sum of Rs. 12,735,280/- out of scholarship fund which was to be disbursed among poor students---Trial Court convicted the accused and sentenced him to 7 years of imprisonment---Validity---Cheques issued by accused were not crossed cheques and, to some extent, they were issued in the names of heads of the schools---Entire record was silent as to the delivery of those cheques to heads of schools for disbursement of scholarship funds to eligible female students of middle class---Amount of Rs. 16,405,280/- was received by accused from the office of EDO (Education) in the head of scholarship funds for eligible female students of middle class under Sindh Education Reforms Program (SERP) but he disbursed an amount of Rs. 3,670,000/- only and had misappropriated / embezzled remaining amount of Rs. 12,753,280/---Offence of corruption or corrupt practices, as provided in S.9(a)(vi) of National Accountability Ordinance, 1999 includes even an attempt to misuse authority so as to gain any benefit for oneself or for any other person and it need not necessarily result in any personal gain to accused---High Court declined to interfere in conviction and sentence awarded to accused as prosecution successfully proved its case beyond shadow of doubt and accused had failed to point out any material illegality or serious infirmity committed by Trial Court---Appeal was dismissed in circumstances.

Abdul Wahab Abbasi vs State Discrimination — 2025 MLD 555 KARACHI-HIGH-COURT-SINDH

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