SHABBIR TILES AND CERAMIC LTD. vs Syed AMIR ALI Ss — 2024 YLR 1526 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 YLR 1526 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: YLR
Parties: SHABBIR TILES AND CERAMIC LTD. vs Syed AMIR ALI Ss
Subject matter: Criminal
Provisions referred to: S. 245; Criminal Procedure Code (V of 1898); Criminal Procedure Code

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

SHABBIR TILES AND CERAMIC LTD. VS Syed AMIR ALI Ss. 420, 468 & 471---Criminal Procedure Code (V of 1898), Ss. 245(1) & 417(2-A)---Cheating and dishonestly inducing delivery of property forgery---Appeal against acquittal---Acquittal---Scope---Impugned order revealed that after examining the material the Trial Court, by exercising powers under S. 245(1) of the Criminal Procedure Code, 1898, in its elaborate, well-reasoned order, arrived at the conclusion that prosecution remained unsuccessful to prove the case against the respondent/ accused and acquitted him---It is the burden of the prosecution to prove its case against the accused beyond reasonable doubt---This burden remains throughout and does not shift to the accused, who is not liable to prove a defence plea, if he takes one---In absence of any positive prosecution evidence, the accused can not be convicted---There was hardly any improbability or infirmity in the impugned order of acquittal recorded by the Trial Court, which being based on sound and cogent reasons did not warrant any interference by the Appellate/High Court---Appeal against order of acquittal was dismissed, in circumstances.

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