Syed NIZAM MOHIUDDIN RAFAI vs State Ss — 2022 PCrLJN 81 KARACHI-HIGH-COURT-SINDH

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Syed NIZAM MOHIUDDIN RAFAI VS State Ss. 409, 420, 468, 471, 34 & 109---Criminal misconduct, criminal breach of trust by public servant, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, falsification of accounts, common intention, abetment--- Appreciation of evidence--- Plea of alibi--- Scope---Prosecution case was that the accused in active connivance of his other accomplices obtained the credential/secret information and full particulars of an account, arranged fake cheque book requisition slip on which he made forged signature of account holder and with active connivance of co-accused/banker processed the same for issuance of a fresh cheque book and transferred an amount of Rs. 2.600 million through different cheques on the basis of forged signature to the account of co-accused, from where the amount was withdrawn---Accused-appellant took plea that he was out of country from June 2008 upto October 2008, while the incident had taken place from 26.07.2012 to 27.07.2012---Trial Court while convicting the accused had made the observation that FIA itself was not confident about the genuineness of travel of the passenger---Data showing travel of passenger was always provided by the passenger and fed by FIA staff, thus human error could not be ruled out---Said observations made by Trial Court had no force, as the procedure provided at all airports that if any person travelled abroad on presentation of his/her passport before FIA officials, they would make entry in the data/computer and in the last they affixed stamp on the passport "Exit" along with date and on his arrival the FIA made entry in the data/computer and affixed stamp of "Arrival"---On the basis of travel history of the accused, the same was provided by FIA to the Trial Court, the plea taken by the accused that he was out of the country on given dates, was confirmed by the FIA authorities---Trial Court was not sure that at the time of committing the offence, accused was in his own country or out of the country---Complainant in his examination-in-chief deposed that accused probably was the same person who posed himself to be account holder, meaning thereby that the complainant was not sure whether the person present in CCTV camera was accused-appellant or not---Appeal against conviction was allowed to the extent of accused, in circumstances.

Syed NIZAM MOHIUDDIN RAFAI vs State Ss — 2022 PCrLJN 81 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported