Law:

Section:

National Accountability Ordinance (XVIII of 1999)-------S. 9(a)(vi)--- Misuse of authority--- Reappraisal of evidence---Mens rea---Accused was Secretary Cooperatives who availed financial facility from Cooperative Society without proper security or personal guarantee---Trial Court convicted the accused and sentenced him to 5 years' imprisonment along with fine but High Court reduced the sentence to imprisonment for 3 years---Validity---Accused was DMG officer, posted in Lahore in year, 1987, and while using his official status and position, had obtained a huge amount in shape of financial facility from Cooperative Society in question---Accused subsequently became Secretary Cooperatives and during such period he kept on making withdrawals, without making any adjustment/repayment of loan---Despite judicial verdict against accused, he failed to execute decree against him and kept quiet until NAB authorities took the charge of the case and only then accused agreed for return of loan amount/financial facility---Such was not temporary withholding of loan amount but a permanent default on his part to repay loan money , which was taken by him between the period 1988 to 1991---Such conduct of accused expressly displayed his mala fide and mens rea---Supreme Court declined to interfere in conviction and sentence awarded to accused by High Court---Appeal was dismissed. Abid Hassan Minto, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Appellant. Akbar Hayat Tarrar, Additional P.-G. for the NAB. Date of hearing: 6th February, 2012. JUDGMENT TARIQ PARVEZ, J.---This appeal by leave of the Court is directed against the judgment dated 26-5-2003, passed by Lahore High Court, Lahore whereby Criminal Accountability Appeal No.15 of 2003 filed by the appellant has been partially allowed with certain modifications in his quantum of sentence. 2. Brief facts of the case, relevant for disposal of instant appeal, are that the appellant was charged for the offence falling within the mischief of section 9(a) of the National Accountability Ordinance, 1999 (hereinafter referred to as the NAB Ordinance') on the allegation that he being holder of public office i.e.…

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