Mst. MASSARRAT ABID vs State Ss — 2023 MLD 342 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 342 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: Mst. MASSARRAT ABID vs State Ss
Subject matter: Criminal
Provisions referred to: S. 420

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. MASSARRAT ABID VS State Ss. 406, 417, 420, 427, 107, 206 & 34---Criminal breach of trust, cheating, cheating and dishonestly inducing delivery of property, mischief by causing loss or damage to the amount of one thousand rupees or upward, abetment, fraudulent removal or concealment of property to prevent its seizure, common intention---Appreciation of evidence---Appeal against acquittal---Perusal of the impugned judgment revealed that after examining the entire evidence adduced by the witnesses as well as the documentary evidence, it became crystal clear that no element of fraud inducement and false representation on the part of the respondents/accused took place, which fell under S. 420, P.P.C., as the element of cheating was not manifested from the evidences of the appellant/complainant and witness---Evidence showed that neither accused executed any agreement with the appellant/ complainant nor they received the amount as beneficiary, hence no transaction took place by the respondents---Admittedly the amount as alleged had been given to the absconder accused under written agreement which was on record, hence no criminal breach of trust against the respondents/accused had been proven by the appellant/complainant---No cogent evidence was available which connected the respondents/accused with the commission of offences---Impugned judgment was speaking one and elaborated which did not suffer from any illegality, gross irregularity and infirmity---Appeal against acquittal was dismissed accordingly.

Other judgments reported in 2023 MLD

2023 MLD 226 QUETTA-HIGH-COURT-BALOCHISTANBAHADUR KHAN VS MUHAMMAD ANWAR S. 115---Revisional jurisdiction of High Court---Scope---Though scope of revisional jurisdiction is limited b…
2023 MLD 226 QUETTA-HIGH-COURT-BALOCHISTANBAHADUR KHAN VS MUHAMMAD ANWAR Fatwa---Proof---Fatwa cannot be relied unless its authority/ signatory is produced in Court and is subjected…
2023 MLD 1131 KARACHI-HIGH-COURT-SINDHKARACHI CABLE SERVICES (PVT.) LTD. VS FEDERATION OF PAKISTAN through Secretary Ministry of Information S. 30--- Cable operators---Show cause…
2023 MLD 989 KARACHI-HIGH-COURT-SINDHWASEEM AKRAM VS Mst. ASMA S. 25a---Transfer of cases---Scope---applicant/defendant (husband) sought transfer of suit for maintenance from on…
2023 MLD 742 KARACHI-HIGH-COURT-SINDHSANWAL alias CHARYA VS State Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Safe custody of crime empties---Scope-…
2023 MLD 1086 QUETTA-HIGH-COURT-BALOCHISTANPERVAIZ VS State S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Sentence, reduction in---Mitigating circumstances---No pre-mediation…

Back to the case-law library · Search Pakistani case law in Urdu or English