Pakistan Case Lawโ† Search
2019 SCMR 1079, 2019 SCP 178

Abdullah Jan vs The State & others

Citation2019 SCMR 1079, 2019 SCP 178
CourtSupreme Court of Pakistan
Case No.Criminal Appeal No.19-P/2014
Date2019-04-30
Judge(s)Qazi Muhammad Amin Ahmed, Syed Mansoor Ali Shah, Manzoor Ahmad
ResultAppeal allowed

Qazi Muhammad Amin Ahmed, J.- Abdullah Jan, appellant herein, is in receipt of a guilty verdict returned by learned Judge, Accountability Court No.1, Peshawar vide impugned judgment dated 13.9.2013. As a Store Keeper in Communication & Works Department, he was found to have accumulated assets, hugely disproportionate to his legitimate source of income. Feeling aggrieved, the appellant questioned vires of his conviction before the Peshawar High Court; the attempt met with no better fate as the learned High Court concurred with the findings recorded by the learned trial Court vide judgment dated 14.12.2011.

2. We have noticed that the learned High Court while affirming findings rendered by the learned Accountability Court has not discussed evidence adduced by the prosecution as well as the appellant and thus we feel handicapped to objectively verify the points of determination as well as contentions raised by the appellant and therefore consider it in the fitness of things to remit this matter to the learned High Court so as to benefit us with detailed discussion within the contemplation of Section 367 of the Code of Criminal Procedure, 1898. This appeal is allowed, the impugned judgment is set aside, the case is remanded and shall be deemed to be pending for decision afresh. It is expected that the learned High Court would find it convenien t, in the fullness of time, sooner rather than later , to decide the issue, after af fording opportunity of hearing to the appellant.

Cited by 4 cases

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch