Case Details

Citation(s)
2018 SLG 863 2018 SLD 863 2018 YLR 187
Balochistan High Court
Crl. Acq. Appeal No. 330 of 2011, decision Dated: 15-05-2017, hearing Date : 02-05-2017
MUHAMMAD EJAZ SWATI, JUSTICE, ABDULLAH BALOCH, JUSTICE
Amir Hamza Mengal, Additional P.G. for the State. Muhammad Saleem Lashari for
Respondent.

STATE THROUGH SPECIAL PUBLIC PROSECUTOR, ANTICORRUPTION

VS

ALLAH DINA

Law: Pakistan Penal Code, 1860

Section: 109,409,420,465,468,000

Law: Criminal Procedure Code (V of 1898)

Section: 417

Law: Prevention of Corruption Act, 1947

Section: 5(2)

PENAL CODE (XLV OF 1860)--- ----Ss. 409, 420, 465, 468, 471 & 109---Prevention of Corruption Act (II of 1947), S. 5(2)---Criminal Procedure Code (V of 1898), S. 417---Criminal breach of trust by public servant or by banker, merchant, agent, cheating and dishonestly inducing delivery of property, forgery, forgery for the purpose of cheating, using as genuine a forged document, abetment, public servant committed or attempt to commit criminal misconduct---Appreciation of evidence---Appeal against acquittal---Prosecution case was that accused-respondent got transferred the land of accused of another case in the name of his sister while the said accused of another case was in judicial custody---Record showed that accused of another case was in judicial custody from 8th September, 2008 to 30th September 2008, whereas the mutation showed his presence before the revenue authorities on 22nd September 2008---Contents of mutation reflected that same was prepared on 22nd August 2008, however, attested and signed by the parties in presence of Naib Tehsildar on 14th October 2008---Said document showed that transfer of property was made on 14th October, 2008 instead of 22nd September, 2008, while during the said dates, accused of another case was on bail---Attending circumstances suggested that presence of that accused before the Revenue Autho-rities on 14th October, 2008 could not be ruled out---Circumstances established that there was no evidence available on record to connect the accused-respondent with the commission of offence---Appeal against acquittal was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, JUSTICE:---.--- This judgment disposes of Criminal Acquittal Appeal No. 330/2011 filed by the State through Special Public Prosecutor Anti-Corruption Establishment Balochistan Quetta, against the judgment dated 28th June 2011 (hereinafter referred as, "the impugned judgment") passed by the learned Special Judge Anti-Corruption Balochistan Quetta, (hereinafter referred as, "the trial Court"), whereby the accused/respondent was acquitted of the charge under Sections 409, 420, 465, 468, 471, 109, P.P.C. R/W Section 5(2) Act-II of Prevention of…
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