Law:

Section:

National Accountability Ordinance (XVIII of 1999) --------- ----------S. 9(a)(iv) --------- Qanun-e-Shahadat (10 of 1984), Arts. 72 & 75 --------- Corruption and corrupt practice --------- Appreciation of evidence --------- Misuse of authority and gaining illegal pecuniary advantages --------- Photocopies of documents --------- Signatures, proof of --------- Benefit of doubt --------- Accused was convicted by Trial Court and sentenced to imprisonment for four years --------- Validity --------- Original copies of Special Modaraba Receipts (SMRs) were not produced as prosecution produced photocopies out of which 26 were in the name of accused --------- Such SMRs for the purposes of determination of guilt could not be relied upon for the reason that those were photocopies and acknowledgement on back through signatures of accused could not be proved by prosecution either by comparison of signatures or by recording statement of its custodian --------- Question whether accused himself was beneficiary of such transaction was shrouded in mystery --------- Prosecution failed to discharge its responsibility of proving case against accused beyond any shadow of doubt --------- High Court set aside conviction and sentence awarded by Trial Court to accused and he was acquitted of the charge --------- Appeal was allowed in circumstances.\ THIS JUDGMENT DELIVERED BY: ALI BAQAR NAJAFI, JUSTICE:---------- This appeal under section 32 of the National Accountability Bureau Ordinance, 1999 is directed against judgment 06.06.2006 passed by learned Accountability Court No. II, Lahore whereby the appellant was convicted under sections 9(a) and 10 read with schedule of NAO, 1999 and sentenced to undergo R.I. for four years with fine of Rs. 4,64,87,000/- and in case of default of payment, to further undergo R.I. for two years with benefit of section 382-B, Cr.P.C. He was also declared disqualified for a period of 10 years to be reckoned under the law, he was to forthwith ceased to hold public office, if any, and also stood disqualified for the period of ten years from being elected, chosen, appointed or nominated as member or representative of any public body or any statutory or…

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