Law:

Section:

(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a) (iv) (vi) & 14 (a)---Corruption and corrupt practices---Appreciation of evidence---Paying of commission---Presumption of guilt---Shifting of onus, principle of---Applicability---Prosecution alleged that accused persons received commission and released payments to contractors without supply of goods by them---Accused were convicted by Trial Court and were sentenced to imprisonment for various terms---Plea raised by accused persons was that prosecution witnesses had paid commission which itself was illegal thus they were accomplices---Validity---Prosecution witnesses were cross-examined at length, yet nothing was brought on record which could shake intrinsic value of their depositions---Even no ill-will or malice was alleged against witnesses to falsely implicate accused in commission of offence---Merely because witnesses had paid commissions, which was illegal, was not sufficient to disbelieve their straightforward and confidence inspiring evidence---All witnesses had deposed that on refusal of payment of commission, accused persons withheld cheques, as such, they were forced to pay commission to accused thus such witnesses could not be termed as accomplice in commission of offence being consenting parties---After specific allegation regarding payment of commission/bribe to accused, onus under S.14 of National Accountability Ordinance, 1999, shifted to them to prove that they accepted or obtained gratification not as a motive or reward other than legal remuneration---Accused failed to discharge their onus and only denied to have received any such commission, which assertion on their part could not be believed in the light of overwhelming evidence in shape of statements of prosecution witnesses, as the same were straightforward and confidence inspiring and fit in probabilities of the case---Prosecution had successfully brought the guilt home against accused persons and they were rightly found guilty by the Trial Court---High Court maintained conviction and fine awarded by Trial Court but reduced sentences of imprisonment to that already undergone by the accused prior to their release on…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492