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

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WASEEM KHAN VS State Ss. 419, 420, 468, 471, 448, 506 & 34---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---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---Withholding material evidence---Scope---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 though had claimed that the General Power of Attorney in question contained bogus and false signature of his father, but that General Power of Attorney was not sent to the handwriting expert for expert opinion on the signatures of complainant's father available thereon, as was admitted by the Investigating Officer by deposing that the document was not sent to the handwriting expert---Adverse presumption, in circumstances, could legitimately be drawn against the complainant in view of Art. 129(g) of Qanun-e-Shahadat, 1984---Circumstances established that the prosecution had failed to prove its case against accused beyond the reasonable doubt---Appeal against acquittal was dismissed accordingly.

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

Case information

Judgment text as reported