Law:

Section:

(a) Ehtesab Ordinance (CXI of 1996)--- ----Ss. 3, 4, 10, 14, 21 & 24---Criminal Procedure Code (V of 1898), S.417---Appeal against acquittal---Corruption and corrupt practices--­Allegation against accused 'A' was that he while holding public office, had illegally allotted plots to other accused persons in order to favour them and thereby had caused loss to public exchequer---Trial Court acquitted the accused 'A'---Validity---Prosecution witnesses had themselves belied the accusations made against accused 'A'---Accused 'A' had simply forwarded applications to concerned Authorities for allotment of plots, but no action whatsoever had been taken on his recommendations---Plots in question had been allotted after observing all codal formalities by concerned Authorities--­Prosecution had not brought on record any evidence to show that any wrongful loss had been caused to public exchequer by act of accused 'A'--­Culpability of other accused persons in the commission of alleged offence thus, had not been proved---Not an iota of evidence was available to the effect that accused 'A' being holder of public office had acted in abuse of his authority and used his official position with mala fide and dishonest intention with a view to earn illegal gratification and money for himself and/or for providing illegal gain, favour and profits to other accused persons--­Prosecution had also failed to prove that other accused persons in collusion or collaboration with accused 'A' had earned any illegal benefit or pecuniary gain for themselves---Trial Court had rightly appraised and evaluated the evidence---Impugned judgment did not suffer from stupidity or perversity---Appeal against acquittal of - accused was dismissed in circumstances. Imran Hussain v. Amar Arshad and 2 others 1997 SCMR 438; Zahoor Hussain Shah v. The State and others 1994 SCMR 1257 and Yar Muhammad and 3 others v. The State 1992 SCMR 96 ref. (b) Criminal trial--- ---- Necessary ingredients for constituting a criminal offence are mens rea, intention and knowledge. (c) Criminal trial--- ---- Deception, corruption or fraud cases---Prosecution, in such-like cases, has to prove beyond shadow of doubt that the act…

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