7. Civil Servant – Allegation of accumulation of wealth by illegal and corruption means – Conviction and sentence – Appeal against – There is not direct or indirect evidence to show that Appellant No.1 was a corrupt official and he was holding such responsible position by misuse of power, he amassed huge wealth – Not a single witness has deposed that he was a dishonest/corrupt person and was living beyond his means – There is also no evidence on record to show his such acts or omissions or powers he exerted, influence he brought to bear upon someone as to constitute misuse of that authority – There is also nothing on record to prove that Appellants Nos. 2 and 3 and their mother were holding properties (mentioned in charge), vehicles and Bank Accounts as ‘Benamidars’ and that they were ‘dependent’ on Appellant No.1 – They have adduced sufficient documentary and oral evidence in their support and not only all D.Ws. 44 in number have supported their case even I.O. had in cross examination admitted to the extent that there may not be available direct evidence because this was white colour crime and he had just collected evidence for drawing conclusion – Learned trial Court has discarded entire evidence produced by defence on wrong premises Statements of accused recorded U/S. 342 Cr. P. C. . were discarded on reason that they (accused) did not wish to be examined on Oath and adverse inference was drawn which was not only against law quoted above, but was also violative of Article 13of Constitution of Islamic Republic of Pakistan, 1973 – Documents which were not admissible were relied upon and those documents which favoured Appellants were conveniently ignored – Learned trial Court has based conviction on presumptions only – It failed to appreciate that in order to draw presumption of guilt against accused, there must be cogent, convincing and adequate evidence on record, which was lacking – Feeble and inconsistent evidence would not permit to raise such presumption and act thereon – Market value of properties were assessed at very exorbitant rates, though there was no basis for same
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