Law: National Accountability Bureau Ordinance, (XVIII of 1999)

Section: 9(a)(iii),(b)

(a) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(iii) & (b)---Corruption and corrupt practices---Misappropriation of funds---Appreciation of evidence---Extra judicial confession, sanctity of---Benefit of doubt---Complaint against accused was lodged regarding misappropriation of funds while he was Operation Manager/Joint Custodian of Bank---Initially departmental inquiry was conducted and a team was constituted who conducted inquiry---Accused, during departmental inquiry, confessed his guilt before Committee and submitted his written confession duly signed by other witnesses---Accused gave cheque for repayment of misappropriated amount for which he in his handwriting submitted applications---Accused requested for time for repayments but he failed to pay amount back which led to matter before NAB for inquiry---Confession of accused was fully corroborated by prosecution witnesses and his confession was also corroborated by documentary evidence produced by witnesses---Confession was made voluntarily and was not obtained by torture, coercion or inducement as at time of confession, matter was not in hands of NAB nor any FIR was registered against accused nor he was in custody and he was not suspended from his service at that time---Confession of accused was also true and corroborated by fact that he voluntarily issued cheque from his personal account and agreed to pay balance back by installments once his criminality came to light---Prosecution proved its case beyond a reasonable doubt against accused by producing reliable, trustworthy and confidence inspiring oral evidence as well as documentary evidence in support of same coupled with confessional statement of accused---High Court declined to interfere in orders passed by Trial Court as a deterrent sentence was appropriate---Appeal was dismissed in circumstances. PLD 1967 Kar. 800; PLD 1980 Lah. 40; 1984 PCr.LJ 2511; PLD 1960 WP (Lah.) 24; 1989 PCr.LJ 1344; 1993 PCr.LJ 2423; 1982 PCr.LJ 658; PLD 2019 SC 64; PLD 2002 Lah. 95; 2001 PCr.LJ 1736; PLD 2000 SC 18; PLD 2010 SC 29; 2019 SCMR 372; 2013 PCr.LJ 1089; 2019 PCr.LJ 1001 and 2015 PCr.LJ 697 ref. (b) Criminal trial--- ----Confession---Extra…

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