IMRAN TAJ GICHKI vs State Ss — 2025 YLR 1075 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 1075 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: IMRAN TAJ GICHKI vs State Ss
Subject matter: Criminal

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

IMRAN TAJ GICHKI VS State Ss. 9(a)(v) & 10---Corruption and corrupt practices--- Appreciation of evidence---Mens rea, non-availability of---Accused-respondents were charged with the allegation of accumulation of assets disproportionate to their known sources of income and caused loss to the government exchequer to the tune of Rs.184,609,136/- by means of corruption and corrupt practices---Trial Court convicted the accused "ITG" whereas accused "SI" was acquitted---Admittedly the appellant was a holder of a public office i.e. Ex-Secretary to Chief Minister, but the prosecution record was silent regarding his misuse of authority to gain illegal gains or pecuniary benefits---Prosecution did not bring on the service record of the appellant that he had faced any disciplinary action for misconduct, corruption, and corrupt practices in his entire service career---Section 9(a)(vi) of NAO, 1999, demonstrated two elements to constitute mens rea i.e. misuse of authority and illegal gains, which were lacking in the instant case---Initially, the prosecution was duty-bound to discharge the burden and by mere filing of reference, the burden could not be shifted upon the accused to disprove the allegation---In the present case, the prosecution had failed to bring on record trustworthy, credible, and unimpeachable evidence to substantiate the allegations against the appellant---Circumstances estab-lished that no infirmity and perversity in impugned judgment of acquittal had been found, thus appeal against acquittal was dismissed---Further prosecution failed to prove the charge against the co-convict, thus appeal against conviction was allowed, in circumstances.

Other judgments reported in 2025 YLR

2025 YLR 1029 QUETTA-HIGH-COURT-BALOCHISTANAbdul Malik VS State S. 497---Bail order---Observations of Court---Scope---Observations made in a bail order are tentative in nature and sam…
2025 YLR 1778 SUPREME-COURT-AZAD-KASHMIRSarwat Bibi VS Muhammad Idrees Kiani Double presumption of innocence---Scope---after acquittal, an accused carries double presumption of inn…
2025 YLR 451 LAHORE-HIGH-COURT-LAHOREEjaz Ahmed VS State Benefit of doubt---Principle---If a single circumstance creates a reasonable doubt in the mind of a prudent person, then…
2025 YLR 487 KARACHI-HIGH-COURT-SINDHCitation Name: 2025 YLR 487 KARACHI-HIGH-COURT-SINDHBookmark this Case Nadir Hussain VS State Benefit of doubt---Principle---Single doubt in…
2025 YLR 443 KARACHI-HIGH-COURT-SINDHCitation Name: 2025 YLR 443 KARACHI-HIGH-COURT-SINDHBookmark this Case Qutubuddin Jakhrani VS State Minor contradictions---Scope---Where in…
2025 YLR 2329 KARACHI-HIGH-COURT-SINDHMrs. Rehana Khatoon VS M/s Delsol the School S.15---Eviction petition---Maintain-ability---Landlord being represented through attorney---Eff…

Back to the case-law library · Search Pakistani case law in Urdu or English