Law: National Accountability Ordinance, 1999

Section: 9(a)(ix)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 72,78

(a) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(ix)---Qanun-e-Shahadat (10 of 1984), Arts. 72 78---Cheating members of public at large---Appreciation of evidence---Documentary evidence--- Signature, proof of---Producing and proving of documents---Accused were alleged to have sold government land to 45 affectees/ allottees---Accountability Court convicted the accused persons and sentenced them to imprisonment as well as fine was imposed--- Validity--- Production of documents and proof of documents were two different subjects---Documents could be produced in evidence that was always subject to proof as required under Art. 78 of Qanun-e-Shahadat, 1984---Forensic expert verified signature of accused on the basis of documents produced by NAB, which were obtained from Banks---Accused persons were not produced before forensic experts for taking their signatures for verification, no signature of accused allegedly mentioned in agreement produced by prosecution witness was sent to handwriting expert as required under Art. 78 of Qanun-e-Shahadat, 1984---High Court set aside conviction and sentence awarded to accused persons as prosecution had failed to prove its case against accused persons beyond any reasonable doubt and they were acquitted of the charge---Appeal was allowed in circumstances. Muhammad Ishaque Qureshi v. Sajid Ali Khan and another 2016 SCMR 192; Muhammad Akhtar v. The State 2010 PCr.LJ 374; Hyderabad Development Authority through M.D., Civic Centre, Hyderabad v. Abdul Majeed and others PLD 2002 SC 84; Rafiq Haji Usman v. Chairman, NAB and another 2015 SCMR 1575; Pakistan Engineering Consultants through Managing Partner v. Pakistan International Airlines Corporation through Managing Director and another PLD 2006 Kar. 511; Pir Mazhar ul Haq and others v. The State through Chief Ehtesab Commissioner, Islam PLD 2005 SC 63; Syed Qasim Shah v. The State 2009 SCMR 790; Wahid Bakhsh Baloch v. The State 2014 SCMR 985; Province of the Punjab through Collector, Sheikhupura, and others v. Syed Ghazanfar Ali Shah and others 2017 SCMR 172; Muhammad Shah v. The State 2010 SCMR 1009; Azeem Khan v. Mujahid Khan and others 2016 SCMR 274; Muhammad Akram…

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