Law: National Accountability Bureau Ordinance (XVIII of 1999)

Section: 9(a)(iv)(v),10

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) National Accountability Bureau Ordinance (XVIII of 1999)---- ----Ss. 9(a)(iv)(v)/10---Constitution of Pakistan (1973), Art. 185(3)---Appeal against acquittal---Bank Account of accused accordingly to the record produced by prosecution itself never had balance of Rs.33,00,000 as alleged by it, but this was the entire transaction during nine years and lastly the balance of the accused was only Rs.42.11---Explanation of accused about various deposits in his account had been established on record by evidence which was not shattered in cross-examination, and the same had been rejected by Trial Court against the settled principles of law---Car had been gifted to the wife of the accused by her brother which evidence was not considered by Trial Court---High Court after having considered-the case in its proper. perspective had rightly allowed the appeal of accused by means of a well-reasoned' based on law laid down by Supreme Court--­Additionally no question of public importance was involved in the case--­Leave to appeal was refused by Supreme Court to the State accordingly. Khan Asfundyar Wali v. The Federation of Pakistan PLD 2001 SC 607 and Mir Ahmed v. The State, PLD 1962 SC 849 ref. (b) Criminal trial--- -----Defence plea ---Benefit of doubt- --Reasonable possibility of the defence put forward by the accused being true, reacts upon the whole case in consequence whereof the accused is entitled to the benefit of doubt on the ground that the prosecution has not proved its case beyond reasonable doubt. Khan Asfundyar Wali v. The Federation of Pakistan PLD 2001 SC 607 and Mir Ahmed v. The State PLD 1962 SC 849 ref. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---Leave is sought against judgment, dated 5-10-2001, of the High Court of Sindh, Karachi, passed in Criminal Accountability Appeal No. 13 of 2001. 2. Briefly stated the facts of the case are that on Reference No.5 of 2001, made by Chairman, National Accountability Bureau, the Accountability Court No.3, Karachi, framed charges against the respondent for possessing properties disproportionate to his known sources of income including charge of corrupt practices under section 9(a)(iv)(v) of the National Accountability…

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