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--- Sentence, reduction in---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through different cheques on the basis of forged signature to the account of co-accused, from where the amount was withdrawn---Record showed that all the prosecution witnesses in their evidence deposed that co-accused/ appellant was the same person, who had deposited the two cheques of Rs. 13 lacs on given dates and the same were immediately withdrawn by the co-accused/ appellant---Evidence of all prosecution witnesses was sufficient to connect the co-accused/appellant with the commission of offence that he was a real culprit, who had committed fraud and cheating with the bank---As per the jail roll, the conduct of the co-accused/appellant during confinement was "satisfactory"---Accused was the first offender and had no previous criminal history in his credit---Besides, accused claimed himself to be the only male member of his family and had also served three years five months and fourteen days in the imprisonment including remissions---Circumstances established that the prosecution had discharged its burden of proving the guilt of the accused beyond the shadow of reasonable doubt, thus appeal was dismissed on merits---However, the present case was found as a fit case for departure from the normal practice of determining the quantum of sentence---Facts and circumstances of the case suggested that it would serve both the purposes of deterrence and reformation, if the sentences awarded to the accused was modified and reduced---Sentences awarded to the co-accused/appellant were modified accordingly.

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

Case information

Judgment text as reported