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State vs ADEEL BUTT Ss — 2021 PCrLJ 799 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJ 799 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PCRLJ
Parties
State vs ADEEL BUTT Ss
Subject matter
Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

State VS ADEEL BUTT Ss. 9(a)(ix) & 32---Cheating members of public at large---Appreciation of evidence---Appeal against acquittal---Accused persons were alleged to have cheated members of public at large by luring them to invest in real estate hence caused a total loss of Rs.9,863,000/- to the claimants---Trial Court after trial acquitted the accused persons---Validity---Elements of cheating, fraud and embezzlement of amount with criminal intent were squarely missing against accused persons---Evidence produced by prosecution was scanty and fell short of required standard to establish charges against accused persons---No direct or circumstantial evidence was available to bring accused persons to the book and prosecution had tried to make bricks without straw---Depositions of prosecution witnesses were totally inconsistent with safe administration of justice---Rule of benefit of doubt was essentially a rule of prudence which could not be ignored while dispensing justice---High Court declined to interfere in the judgment passed by Trial Court as prosecution evidence was properly evaluated and benefit of doubt was rightly extended to accused persons---Charges levelled against accused persons only constituted civil liabilities---Appeal was dismissed in circumstances.

Other judgments reported in 2021 PCRLJ

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