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WASEEM KHAN vs State Ss — 2022 PCrLJN 70 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 70 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
WASEEM KHAN vs State 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

WASEEM KHAN VS State Ss. 419, 420, 468, 471, 448, 506 & 34---Cheating by personation, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, house trespass, criminal intimidation, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Prosecution case was that the accused got prepared a fake general power of attorney with fake signature of father of complainant and then sold his flat, when the complainant enquired from the accused about doing so, she extended threats to the complainant---Complainant had stated in the FIR that his father had died on 15.10.2004, but it was not mentioned in the FIR that the complainant's father had died in a road accident---Complainant had deposed that his father died in a road accident and he (father) remained in jail since 2000 to 2004 in a NAB case---Prosecution had failed to prove the death of the complainant's father on 15.10.2004 in a road accident and remained in jail from 2000 to 2004 by any evidence worth consideration---Complainant produced photocopy of the purported Medico Legal Certificate/Death Certificate, which from its face seemed to be manoeuvred and forged as name of his father seemed to have been written with different ink and different handwriting and it also did not bear the name, designation and official stamp of the Medico-Legal Officer, who allegedly issued the same---Even the author of the purported Medico-Legal Certificate/Death Certificate was also not examined by the prosecution---Photostat of the purported Medico-Legal Certificate/Death Certificate produced in evidence besides being vague in nature lacking in material particulars was inadmissible in evidence---Circumstances established that the prosecution had failed to prove its case against accused beyond the reasonable doubt---Appeal against acquittal was dismissed accordingly.

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