Law: National Accountability Ordinance, 1999

Section: 9(a)(v)

(a) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(v)---Corruption and corrupt practices---Assets beyond known sources of income---Scope---Allegation against accused was that he had amassed wealth beyond his known pecuniary sources in his name and in the name of his spouse including properties, cars and money in various Bank accounts---Validity---Accused from the evidence on record had been able to satisfactorily explain as to from where and how he had acquired the assets---Prosecution had damaged its case by not taking in account the financial position of the wife of accused who according to the Investigating Officer was a lady of independent means and she might well have been in a position to purchase the property in her name out of her own sources of funds and thus it could not be conclusively found that the properties in her name were not bought by her out of her independent financial resources---Once Investigating Officer had become aware that the wife of accused was a lady of substance/wealth it became incumbent on him to investigate and trace out her sources of income to see whether she could have purchased the property in her name which was not done---Despite being an alleged benamidar of the accused, she was not made an accused---Accused was rightly acquitted of the charge through the impugned as the findings of the Trial Court were neither perverse nor speculative but rather well reasoned--- Appeal against acquittal was dismissed. Muhammad Hashim Babar v. State 2010 SCMR 1697 and Ghani Rehman v. NAB PLD 2011 SC 1144 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 417---Appeal against acquittal---Scope---Judgment of acquittal was not to be interfered until findings are perverse, arbitrary, foolish, artificial, speculative and ridiculous---Scope of interference in appeal against acquittal is narrow and limited because in an acquittal the presumption of innocence is significantly added to the cardinal rule of criminal jurisprudence as the accused shall be presumed to be innocent until proved guilty---Presumption of innocence, in other words, is doubled. The State v. Abdul Khaliq and others PLD 2011 SC 554 ref. THIS JUDGMENT…

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