Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 409---Prevention of Corruption Act (II of 1947), S.5(2)---Criminal Procedure Code (V of 1898), Ss.221 & 342---Criminal breach of trust by public servant or by banker, merchant or agent, criminal misconduct---Appreciation of evidence---Misappropriation of forest trees by employees of Forest Department---District Forest Officer did not initiate any proceeding against two nominated accused/employees---Inquiry report was not produced by prosecution during trial---District Forest Officer failed to give any explanation for exonerating co-accused---One of co-accused was produced as prosecution witness---Such witness was not an independent witness---Said witness/co-accused was rather directed to prepare the 'Damage Report' against the accused which created doubts about authenticity of allegations---No evidence was brought on record that accused had misappropriated 35 trees---Ingredients of alleged offences had not been proved---Investigating Officer did not inspect the site nor recorded any other witness except those mentioned in the inquiry report---No charge having been framed with regard to allegation of tearing the 'Damage Book', recording of evidence in this regard would be a nullity in the eyes of law---Under S.221, Cr.P.C. charge was required to be precise formulation of specific accusation made against accused---Allegation of destroying the 'Damage Book' by accused or his absconsion having not been put to accused while recording his statement under S.342, Cr.P.C., any incriminating piece of evidence in this regard could not be used against accused---Trial Court was not justified in convicting the accused---Conviction and sentence of accused were set aside, in circumstances, he was acquitted of the charges. Muhammad Attique Butt and another v. The State 2009 YLR 507 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 342---Application of S. 342, Cr.P.C.---Incriminating piece of evidence not put to accused while recording his statement under S.342, Cr.P.C. could not be used against him. Munir Ahmed alias Munni v. The State 2001 SCMR 56 rel. JUDGMENT MISS AALIA NEELUM, J.---Ali Sher son of Hadayat Ali-appellant was…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492