Syed Waqar Abbas Naqvi vs State Ss — 2026 YLR 594 LAHORE-HIGH-COURT-LAHORE

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Syed Waqar Abbas Naqvi VS State Ss. 409, 420, 468, 471 & 109---Prevention of Corruption Act (II of 1947), S.5---Criminal breach of trust by public servant, cheating and dishonestly inducing someone to deliver property, forgery for purpose of cheating, use of forged document as genuine, abetment---Appreciation of evidence---Benefit of doubt---Non-production of original documents--- Accused were charged for committing embezzlement of money through forged fuel bills and causing loss of Rs.232,85,186/---Prosecution rested its case entirely on departmental inquiry--- No witnesses appeared to explain how embezzlement in budget of POL charges was committed by accused persons, nor was complete chain of evidence produced to establish commission of offence--- Mere allegation that from year 1998 to 2013 head of accounts (POL charges) was being embezzled by officers posted during such period was not sufficient---It was required to be proved through official documents that embezzlement was detected and liability was fixed--- Despite regular audit of department, no audit report of relevant period was produced before Trial Court--- If audit report was unavailable, witnesses were required to prove documents with identification, dates and circumstances showing forgery---Photocopies of receipts of POL charges, not certified by concerned officials, did not fulfill requirements of documentary evidence--- Witnesses who claimed attestation of documents admitted that they were not officers of finance department or custodians of record and were unaware of nature of documents--- No driver was associated during investigation to establish submission of forged bills or preparation of forged receipts---Records of receipts were also not verified from respective petrol stations, breaking the chain of evidence--- Prosecution was bound to prove charge through reliable evidence---Conviction could not be based upon presumptions alone--- Appeal against conviction was allowed, in circumstances.

Syed Waqar Abbas Naqvi vs State Ss — 2026 YLR 594 LAHORE-HIGH-COURT-LAHORE

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