Muhammad Zareef Ahmed vs Muhammad Rizwan Tahir Satti Ss — 2026 YLR 22 ISLAMABAD

Case information

Citation: 2026 YLR 22 ISLAMABAD
Court: Islamabad High Court
Year: 2026
Reporter: YLR
Parties: Muhammad Zareef Ahmed vs Muhammad Rizwan Tahir Satti Ss
Subject matter: Criminal
Provisions referred to: S. 417; Criminal Procedure Code (V of 1898)

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

Muhammad Zareef Ahmed VS Muhammad Rizwan Tahir Satti Ss. 408, 411 & 34---Criminal Procedure Code (V of 1898), S.417(2A)---Criminal breach of trust by clerk or servant, dishonestly receiving stolen property, common intention---Appreciation of evidence---Appeal against acquittal---Accused were charged for committing criminal breach of trust being employees and dishonestly receiving stolen property---Perusal of the findings of the Courts revealed that the appellate Court based its findings by referring to only statement of one witness and the audit reportand affidavits of respondents 1 and 2 besides application Mark-A and omitted to take into consideration the rest of the prosecution evidence comprising statements of 8 witnesses and certain documents---On the contrary, the Trial Court exhaustively discussed the entire prosecution evidence by determining points for determination and reasons thereupon---Not only that, but the Trial Court also appreciated the submissions of the defense and turned down the same with explanations---Noticeable that the entire prosecution evidence was repelled by appellate Court by rendering observations in omnibus fashion without reference to the said piece of evidence in-part or as a whole---Judgment-in-appeal even did not contain the details of the prosecution evidence---In such state of affairs, it could safely be held that the impugned judgment was result of misreading and non-reading of the evidence and, therefore, was not legally sustainable---Impugned judgment was set aside and matter was remanded to the appellate Court for re-writing of judgment.

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