Case Details

Citation(s)
2014 SLG 2426 2014 SLD 2426 2014 PCRLJ 334
Sindh High Court
Criminal Accountability Appeal No. 12, M.A. No. 10215 of 2011, Criminal Accountability Appeal No. 13 and M.A. No. 10218 of 2011, decided on 16th August, 2012. DATE of hearing: 9th August, 2012
SHAHID ANWAR BAJWA AND AFTAB AHMED GORAR, JJ
Mrs. Ismat Mehdi for Appellant (in Criminal Accountability Appeal No. 12 and M.A. No. 10215 of 2011). Noor Muhammad Senior Special Prosecutor, NAB for
Respondent (in Criminal Accountability Appeal No. 12 and M.A. No. 10215 of 2011). Khawaja Naveed Ahmed f

ABDUL LATEEF BROHI

VS

NATIONAL ACCOUNTABILITY BUREAU through Director GENERAL

Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-------Arts. 61 & 84---Handwriting and signatures---Opinion of expert---Comparison by Court--- Scope--- Court has discretionary power to refer disputed handwriting for seeking opinion from handwriting expert--- Other party or challenging party has right to cross-examine such handwriting expert to establish veracity or soundness of his opinion---Opinion of handwriting expert is only what it states it is an opinion---Notwithstanding its such discretion, court has all requisite powers of undertaking exercise of comparing handwriting or signatures on its own and thereafter arriving at conclusion as to genuineness or otherwise of handwriting or signatures, as the case may be. Gulzar Nathani v. Naeem Ahmed 2010 YLR 358 ref. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(vi) & 32---Criminal Procedure Code (V of 1898), Ss. 426 & 342---Misuse of authority---Suspension of sentence---Non-putting of incriminating evidence to accused in statement under S.342, Cr.P.C.---Accused was convicted by Trial Court for committing offence of corruption and corrupt practices--- Plea raised by accused was that evidence on the basis of which he had been convicted was not put to him by Trial Court during statement recorded under S.342, Cr.P.C.---Effect---If a piece of evidence was not put to accused, that evidence could not be used against him---At bail stage, in appeal, it was to be seen whether there was superficial and apparent mistake of fact or law in the of court below---Plea raised by accused was not without force---Sentence was suspended by High Court in circumstances. Muhammad Anwar v. Hafizuddin 1984 CLC 2871; Abdul Ghaffar v. The State 2011 MLD 239 and Muhammad Shah v. The State 2010 SCMR 1009 rel. (c) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(iv) & 32---Criminal Procedure Code (V of 1898), Ss. 426 & 342---Corruption and corrupt practices---Suspension of sentence---Accused was convicted by Trial Court for committing offence of corruption and corrupt practices---Plea raised by accused was that he had no connection with disputed land---Validity---Stand taken by accused in his civil…
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