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---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 admitted in his evidence that he did not know as to when did his father purchase the said flat---Complainant had not obtained succession certificate pertaining to the estate of his deceased father---Complainant did not possess any receipt pertaining to the flat purchased by his father---Sub-Registrar concerned was not produced before the court for recording his statement---One of the person was shown as an accused in the FIR, but was produced as witness in the challan---No case under S. 5 of Prevention of Corruption Act, 1947, was made against the Sub-Registrar in the challan---Sub-Registrar had not asked to produce succession certificate in respect of flat in question---Original documents of the flat had not been produced before the court---No evidence worth consideration was produced by the prosecution to prove that the complainant's father was in jail on the relevant date and he had died in a road accident---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