Muhammad Sohail Haroon vs Shoukat Ali Benefit of doubt — 2024 YLR 2804 KARACHI-HIGH-COURT-SINDH

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Muhammad Sohail Haroon VS Shoukat Ali Benefit of doubt---Principle---For basing conviction against an accused there should be strong evidence before the Trial Court and if any doubt, even slightest, arises in a prudent mind as to the guilt of the accused, benefit of the same has to be extended in favour of the accused. Citation Name: 2024 YLR 2804 KARACHI-HIGH-COURT-SINDH Muhammad Sohail Haroon VS Shoukat Ali S. 489-F---Criminal Procedure Code (V of 1898), S. 417(2)---Dishonestly issuing cheque---Appreciation of evidence---Appeal against acquittal---Defence plea---Accused-respondent issued seven cheques against an outstanding amount of purchase of thread, which were dishonoured when presented before the bank---It was the plea of the respondent No.1/accused, as recorded in his statement on oath under S.342, Cr.P.C., that he had business terms with the appellant/complainant and he used to obtain Metallic Thread from him on credit basis and he had issued cheques in advance upon the condition that whenever the appellant/complainant would supply material to him, the said cheques would be encashed; that however, the appellant/complainant instead of supplying the requisite material to him, fraudulently presented the cheques referred to in FIR for encashment and then he lodged the FIR against him---Heavy burden laid upon the appellant/complainant to prove that the subject cheques were issued by the respondent/accused against the alleged supply of Metallic Yarn to respondent/accused for fulfillment of an obligation, which he could have proved easily by producing requisite record of his supply, but he failed to do so---Hence, the Trial Court rightly recorded acquittal of the respondents/accused by extending them benefit of doubt---Material on record approved the assessment of the trial Court---Prosecution had failed to bring home guilt of respondents/accused beyond reasonable doubt---Criminal acquittal appeal, therefore, stood dismissed, accordingly. Citation Name: 2024 YLR 2804 KARACHI-HIGH-COURT-SINDH Muhammad Sohail Haroon VS Shoukat Ali S. 489-F---Criminal Procedure Code (V of 1898), S. 417(2)---Dishonestly issuing cheque---Appreciation of evidence---Appeal against acquittal---Accused-respondent issued seven cheques against an outstanding amount of purchase of thread, which were dishonoured when presented before the bank---Complainant had claimed that he sold out Metallic Yarn to the respondent No. 1/accused worth of Rs.21,73,000/-and against that the latter issued him seven cheques, which were dishonored on presentation---However, the complainant failed to produce on record any evidence to establish that he had in fact supplied Metallic Yarn to the respondent No.1/accused to justify issuance of the alleged cheques towards fulfillment of an obligation under the sale transaction---Complainant admitted in his cross-examination that he had not produced any proof regarding supply of said products to the respondent No.1 accused---Besides, the Investigating Officer had also admitted in his deposition that the complainant did not hand over to him any document to show business transaction between him and the respondent No. 1/accused---Criminal acquittal appeal, stood dismissed, accordingly. Citation Name: 2024 YLR 2804 KARACHI-HIGH-COURT-SINDH Muhammad Sohail Haroon VS Shoukat Ali Presumption of double innocence---Scope---appeal against an acquittal being an extraordinary remedy is different from an appeal against the judgment of conviction and sentence because presumption of double innocence of the accused is attached to the order of acquittal---Thus, to reverse an order of acquittal, it must be shown that the acquittal order is unreasonable, perverse and manifestly wrong.

Muhammad Sohail Haroon vs Shoukat Ali Benefit of doubt — 2024 YLR 2804 KARACHI-HIGH-COURT-SINDH

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