Syed MUHAMMAD ADNAN vs State S — 2023 PCrLJ 1356 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 1356 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: Syed MUHAMMAD ADNAN vs State S
Subject matter: Criminal
Provisions referred to: S. 9; S. 340; Criminal Procedure Code (V of 1898)

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

Syed MUHAMMAD ADNAN VS State S. 9(a)(vi)---Criminal Procedure Code (V of 1898), S. 340(2)---Misuse of authority---Appreciation of evidence---Defence evidence, failure to produce---Sentence, quantum of---Accused was alleged to have misused his authority in cancellation of plots of society and then allotting those in favour of men of his choice---Trial Court convicted the accused and sentenced him to imprisonment for ten years and fine of Rs.15 million---Validity---Prosecution witnesses were independent and private persons who specifically implicated accused in commission of offence---Accused failed in giving evidence on oath under S. 340(2), Cr.P.C. in disproof of prosecution allegation, and did not state a single word as to why prosecution witnesses deposed against him---Plea of false implication in case by accused was not sufficient to put any dent in prosecution case---Prosecution witnesses were consistent in their evidence and were not shattered in cross-examination---Trial Court rightly appreciated evidence on record and conviction was recorded against accused acting upon material available with Trial Court by holding that prosecution succeeded to establish its case against accused beyond a reasonable doubt---High Court reduced sentence of ten years imprisonment awarded to accused to one already served which as per Jail Roll was 8-½ years, as the sentence was excessive keeping in view the amount of loss caused to the society and national exchequer---High Court also reduced fine to Rs. 10 million and in the event of failure to pay fine accused was to suffer sentence of one year more---Appeal was dismissed accordingly.

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