| Citation(s) |
|---|
| 2021 SLG 1517 2021 SLD 1517 2021 YLR 1072 |
Islamabad High Court
Criminal Appeal No. 196 of 2018, Writ Petition No. 1065 of 2020 and Criminal Appeal No. 141 of 2018, decided on 13th October, 2020, Date of hearing: 24th Aught, 2020.
MOHSIN AKHTAR KAYANI, JUSTICE, FIAZ AHMAD ANJUM, JANDRAN, JUSTICE
Muhammad Afzal Janjua for Appellant (in Criminal Appeal No.196 of 2018). Nasir Mehmood Mughal, Special Prosecutor, NAB for
Respondents (in Criminal Appeal No.196 of 2018). Muhammad Afzal Janjua for Petitioner (in Writ Petition No.1065 of 2020). Nasir M
Criminal Appeal No. 196 of 2018, Writ Petition No. 1065 of 2020 and Criminal Appeal No. 141 of 2018, decided on 13th October, 2020, Date of hearing: 24th Aught, 2020.
MOHSIN AKHTAR KAYANI, JUSTICE, FIAZ AHMAD ANJUM, JANDRAN, JUSTICE
Muhammad Afzal Janjua for Appellant (in Criminal Appeal No.196 of 2018). Nasir Mehmood Mughal, Special Prosecutor, NAB for
Respondents (in Criminal Appeal No.196 of 2018). Muhammad Afzal Janjua for Petitioner (in Writ Petition No.1065 of 2020). Nasir M
RASHID MINHAS
VS
NATIONAL ACCOUNTABILITY BUREAU THROUGH CHAIRMAN, ISLAMABAD AND ANOTHERS
Law: National Accountability Ordinance, 1999
Section: 9(a)(ix),10
Law: Qanun-e-Shahadat (10 of 1984)
Section: 33,34,113,131
Law: Criminal Procedure Code (V of 1898)
Section: 340(2)
(a) National Accountability Ordinance (XVIII of 1999)--- ----S. 9 (a) (ix)---Qanun-e-Shahadat (10 of 1984), Arts. 33, 34, 113 131---Criminal Procedure Code (V of 1898), S.340 (2)---Cheating members of public at large---Appreciation of evidence---Admitted facts---Defence evidence---Plea of accused---Accused was convicted by Trial Court for cheating members of public at large and was sentenced to fourteen years of imprisonment along with fine---Accused sought reduction in sentence on the plea that he was just an employee of the companies alleged to have cheated members of public at large---Validity---Admitted facts were not to be proved independently---Statement of accused recorded under S.340(2), Cr.P.C. qualified test of admissibility regarding contents of documents in terms of Art. 35 of Qanun-e-Shahadat, 1984---Admissibility of evidence was established on record and all allegations were proved against accused as he could not prove his stance of being just an employee of the companies---High Court maintained conviction and sentence awarded to accused by Trial Court as charge under S.9(a)(ix) of National Accountability Ordinance, 1999, was established and proved in trial---Appeal was dismissed, in circumstances. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 10---Sentence, reduction in---Principle---Where allegations are relating to corruption and corrupt practices, question of reduction in sentence is considered on the basis of amount misappropriated or the mode and manner in which people have been cheated or deprived of their hard earned money or where public ex-chequer has been robbed---Such are key factors to be considered. Allah Rakha v. The State 2020 SCMR 1063; Mukhtar Alam v. Fazal Nawab 2020 SCMR 618; Bakht Munir v. The State 2020 SCMR 588; Manzoor Ahmad Akhtar v. The State 2020 MLD 233 and Shahid Hussain v. The State 2020 PCr.LJ Note 52 rel. (c) Criminal trial--- ----Sentence---Reduction in by appellate Court---Factors stated: While considering the guiding principles deduced from different enunciations of superior Courts as well as from Islamic jurisprudence, it is the duty of High Court to highlight all those principles to consider…
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