Law:

Section:

National Accountability Ordinance (XVIII of 1999)-------Ss. 9(a)(iv) & 10---Criminal Procedure Code (V of 1898), S.431---Corruption and corrupt practices---Assets beyond means---Appreciation of evidence---Death of accused---Fine, imposition of---Accused was convicted by Trial Court for acquiring assets which were disproportionate to his known sources of income---Accused did not deny acquisition of assets however claimed to have acquired them through lawful sources of income---Validity---Accused claimed that plot for residential house was purchased by his father-in-law for his wife and house was constructed on it, however prosecution witness who was previous owner of the plot deposed before Trial Court that the same was purchased by the accused---Allegations of expenses incurred on education of children by accused as well as performance of Umra and fare of UK, were proved by prosecution through oral and documentary evidence--- Prosecution witnesses were found consistent and confidence inspiring and their stance could not be shattered despite lengthy and taxing cross-examination, whereas accused produced cryptic and inconsistent evidence, which was rightly not believed---Trial Court after scrutinizing material available on record convicted and sentenced accused and counsel for accused failed to point out any misreading or non-reading of evidence, justifying interference by High Court---Judgment passed by Trial Court was in accordance with law and material available on record---Accused had died, therefore, his sentence stood abated, however High Court maintained fine imposed by Trial Court---Appeal was dismissed accordingly. JUDGMENT WAQAR AHMAD SETH, J.---The appellant Muhammad Zamarud stood trial in Reference No.12 of 2009 before Accountability Court No.IV, N.-W.F.P., Peshawar and after having been found guilty under section 10 of the NAB Ordinance vide judgment dated 26-2-2010, he has been convicted and sentenced to two years' rigorous imprisonment with a fine of Rs. 1,77,82,866 recoverable under section 33-E of NAB Ordinance, however, benefit of section 382-B, Cr.P.C. was extended to him. 2. The allegation against the appellant is that during service in…

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