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. 417; 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

SHABBIR TILES AND CERAMIC LTD. VS Syed AMIR ALI Ss. 420, 468 & 471---Criminal Procedure Code (V of 1898), S.417(2-A)---Cheating and dishonestly inducing delay of property, forging---Appeal against acquittal---Appreciation of evidence---Benefit of doubt---Scope---Benefit of all favorable instances in the prosecution evidence must go to the accused regardless of whether he has taken any such plea or not---Evidence of the prosecution witnesses, in the present case, was neither trustworthy nor confidence inspiring nor consistent to establish accusation against the accused, therefore, the possibility of accused being falsely implicated could not be ruled out---Where more than one possibilities appear in the case, then the possibility in favour of accused is always to be preferred for simple reason that benefit of doubt is never to be extended to the prosecution and is always given to the accused---Any room for benefit of doubt in the prosecution case will go to accused and not to prosecution---Rule of benefit is essentially a rule of prudence which can not be ignored while dispending justice in accordance with law---It is better that ten guilty persons be acquitted rather than one innocent person be convicted; and this rule occupies a pivotal place in the Islamic Law---No improbability or infirmity had been noticed in impugned order of acquittal which was based on sound and cogent reasons not warranting interfering by the High Court---Appeal against acquittal was dismissed accordingly.

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