Law:

Section:

(a) National Accountability Ordinance (XVIII of 1999)----S. 9(a)(vi)---Constitution of Pakistan (1973), Art. 185 (3)---Leave to appeal was granted by Supreme Court as questions raised by both the parties required reappraisal of entire evidence. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(vi)---Corruption and corrupt practices---Misuse of authority---Illegal gain, absence of---Effect---Act of grant of proprietary rights of land without having power of Collector by itself and without proof of essential ingredients of illegal gain and undue favour would not constitute an offence of corruption and corrupt .practices within the meaning of S.9(a)(vi) of National Accountability Ordinance, 1999. (c) Criminal trial--- ----Essential ingredients---Actus rea and mens rea---Scope---Concept of criminal administration of justice is based on assumption that criminal act is injurious not just to an individual but to society as a whole---Violation of criminal law which is built upon constitutional principles of substantial as well as procedural law, has consequence of punishment---Prosecution in the light of constitutional principle is under heavy duty to establish violation of criminal law to award punishment---Striding of law to bring action within its compass is in conflict with the concept of fair treatment---It is primary duty of the court to ascertain whether alleged offence was outcome of an act which was in violation of some law which can be termed as actus rea of the crime (guilty act) and if this essential element of crime is missing, the breach may not be subject to sanction of criminal law---Person who is blamed to have committed an offence if is not accountable in criminal law for his action, he cannot be subjected to prosecution---Mens rea (guilty mind) is another essential component of crime without proof of which a person cannot be held guilty of an offence and similarly without proof of concurrence to commit crime, offence is not complete---In addition to such basic components of crime, harm caused in consequence to an act is also considered essential element of crime because act, if is harmless, it may not constitute a crime. (d)…

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