MUHAMMAD ASIF vs SHEHZAD HUSSAIN Ss — 2022 YLRN 125 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ASIF VS SHEHZAD HUSSAIN Ss. 408, 420 & 468---Limitation Act (IX of 1908), S. 5---Criminal Procedure Code (V of 1898), S. 417---Criminal breach of trust, cheating and dishonestly inducing delivery of property, forgery for the purpose of cheating---Appreciation of evidence---Appeal against acquittal---Prosecution case was that the accused/ respondent being employee in an auto industry committed criminal breach of trust by delivering motorbikes to unknown persons on fake/forged documents and misappropriated property of Rs. 13,83,894/- of the company---Alleged misappropriation occurred on 01.12.2015 but the FIR was lodged by the complainant on 03.05.2016 after about five months---No satisfactory explanation had been offered in that regard---Record revealed that accused was appointed in the appellant's company on 20.08.2009 and he resigned on 06.11.2015 but the alleged misappropriation pertained to December, 2015, much after the resignation of accused---False implication of accused in the case could not be ruled out---Moreover, a number of contradictions in the statements of prosecution witnesses were found, which were material and fatal to the prosecution case and said contradictions had already been highlighted by the Trial Court in its judgment of acquittal---Appellant had failed to prove his case against the accused beyond shadow of reasonable doubt, therefore, no interference in the impugned judgment was required---Appeal against acquittal being devoid of any merit was dismissed in limine.

MUHAMMAD ASIF vs SHEHZAD HUSSAIN Ss — 2022 YLRN 125 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported