| Citation(s) |
|---|
| 2011 SLG 6718 2011 SLD 6718 2011 PCRLJ 1690 |
Sindh High Court
Criminal Accountability Appeal No. D-06 of 2010 and Constitutional Petitions Nos. 2427 of 2008 and 570 of 2009, decided on 13th June, 2011.Dates of hearing: 28th March, 2011, 11th, 18th and 25 April, 2011.
Before Muhammad Athar Saeed and Irfan Saadat Khan, JJ
Shafaat Nabi Khan Sherwani for Appellant. Muhammad Aslam Butt, Deputy Prosecutor-General, NAB for the State. I.A. Hashmi for the Complainant.
Criminal Accountability Appeal No. D-06 of 2010 and Constitutional Petitions Nos. 2427 of 2008 and 570 of 2009, decided on 13th June, 2011.Dates of hearing: 28th March, 2011, 11th, 18th and 25 April, 2011.
Before Muhammad Athar Saeed and Irfan Saadat Khan, JJ
Shafaat Nabi Khan Sherwani for Appellant. Muhammad Aslam Butt, Deputy Prosecutor-General, NAB for the State. I.A. Hashmi for the Complainant.
RAMZAN ALI HEMANI---Appellant
VS
THE STATE through Director-General (NAB)---Respondent
Law: National Accountability Ordinance, 1999
Section: 9,10,18,32
Law: Qanun-e-Shahadat (10 of 1984)
Section: 72,78,84,129
National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9, 10, 18 & 32---Qanun-e-Shahadat (10 of 1984), Arts. 72, 78,84 & 129---Corruption and corrupt practices---Appreciation of evidence---Allegations against accused, who at the relevant time, was serving as Branch Manager of Bank, were that he was found involved in parallel banking, falsification of bank accounts, opening of fictitious accounts and misappropriation of funds of public at large---Accused at no stage of proceedings had denied the veracity of the documents produced by the prosecution witnesses against him---Prosecution witness had not only produced deposit slips, but also bank ledgers and other relevant documents to prove manipulation of amounts of public -at-large by accused---Accused, in cases under National Accountability Ordinance, 1999 was to prove beyond any 'reasonable doubt his innocence, but not a single document had been produced by accused to prove his innocence---Prosecution witness had produced more than 1500 documents to prove active involvement of accused in respect of the charges levelled against him---Investigating Officer had also proved the charges levelled against the accused---All the evidences produced by the prosecution witnesses, had led to the irresistible conclusion that charges levelled against accused were proved beyond any reasonable doubt---Accused having proved to have committed the offence under S.9(iii) of National Accountability Ordinance, 1999 punishable under S.10(a) of said Ordinance, sentence and fine imposed by the Trial Court on accused were maintained. Fasih-ud-Din Khan and others v. Government of Punjab and others 2010 SCMR 1778; Gulzar Ahmed v. The State 2010 PCr.LJ 1438; Syed Qasim Shah v. The State 2009 SCMR 790; Mansur-ul-Haq v. The Government of Pakistan PLD 2008 SC 166; Khan Asfandyar Wali and others v. Federation of Pakistan PLD 2001 SC 607; Hakim Ali Zardari v. The State 2007 MLD 910; Khizar Hayat v. The State PLD 2011 Kar. 52; Riaz Ahmed v. The State 2010 SCMR 846; Saeedullah Soomor v. The State 2011 YLR 144; China Petroleum Engineering Construction v. Khattak Allied Construction Company 2004 SCMR 1777; PLD 2007 Kar. 43 (sic.);…
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