Law: National Accountability Ordinance, 1999

Section: 9(a),Sched.SerialNos.11,12

Law: Pakistan Penal Code, 1860

Section: 468,471

National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a), Sched. Serial Nos. 11 & 12---Penal Code (XLV of 1860), Ss.468 & 471---Corruption and corrupt practice, forgery for the purpose of cheating and using as genuine a forged document---Appreciation of evidence---Non-holder of public office---Accused was alleged to have received two claims from United Nations Compensation Commission against forged document---Trial Court convicted and sentenced the accused for five years imprisonment and fine---Plea raised by accused was that National Accountability Bureau had no jurisdiction to proceed against him---Validity---Very wide powers had been granted to NAB authorities and such power was not restricted to holder of public office only or related to public money only---Provisions of National Accountability Ordinance, 1999, were equally applicable to a person who was involved in corruption or corrupt practices---In the present case, it had been proved by prosecution that one passport used by accused was issued to some other person and its one letter and one figure were forged---Accused admitted to have received both the claims but failed to explain as to why two claims on the basis of two different sets of documents---Documents/evidence available on record proved both essential elements of an offence i.e. mens rea and actus reus---Such ingredients were necessary or pre-requisite for punishment in case of cheating and fraud--- Accused had produced forged documents in order to induce someone to accept them as genuine and on the basis of such documents that someone had suffered some damage---High Court maintained the conviction and sentence in presence of essential ingredients of fraud and cheating read with admission made by accused---Appeal was dismissed in circumstances. Abdul Aziz Memon and others v. The State and others PLD 2013 SC 594 rel. JUDGMENT SHEZADA MAZHAR, J.---Through this Appeal, the judgment dated 19-10-2012 handed down by Mian Altaf Hussain Mahar, Judge Accountability Court No. II, Rawalpindi, is impugned, whereby three persons namely, Muhammad Rafique Khan appellant, Khawaja Muhammad Mustafa and Abdul Hamid Zafar were tried in Reference…

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