ESHWAR LAL vs State Ss — 2022 YLRN 103 KARACHI-HIGH-COURT-SINDH

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ESHWAR LAL VS State Ss. 409 & 420---Prevention of Corruption act (II of 1947), S. 5---Qanun-e-Shahadat (10 of 1984), arts.72, 75 & 76---Criminal breach of trust by public servant or by banker, merchant or agent, cheating and dishonestly inducing delivery of property---Criminal misconduct---Proof of contents of documents---Proof of documents by primary evidence---Cases in which secondary evidence relating to documents may be given---appreciation of evidence---Benefit of doubt---Delayed FIR---Effect---accused was convicted for having misappropriated certain amount of sum---First Information Report was lodged with a delay of about four years---almost all the documents produced by the prosecution witnesses were photocopies---Defence counsel had timely raised objections on the production of photocopies but the trial judge had observed that such objections would be resolved at the time of final hearing---Not a single sentence was available in the impugned judgment which would show that such objections were considered by the Trial Court---Where primary evidence was available then secondary evidence was not admissible in respect of a document---Present case did not fall in any of the Exceptions enumerated in art. 76 of the Qanun-e-Shahadat, 1984, as it was not pleaded by the prosecution that original documents were not available with them---Prosecution witnesses had not denied in clear terms that the accused had not deposited the remaining amount, on the contrary, they had showed their ignorance about such fact which could not be equated with denial---Prosecution had not been successful in discharging its obligation to prove the case beyond shadow of reasonable doubt---appeal against conviction was allowed, in circumstances.

ESHWAR LAL vs State Ss — 2022 YLRN 103 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported