Muhammad Shafique vs State Ss — 2025 PCrLJ 1511 LAHORE-HIGH-COURT-LAHORE

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Muhammad Shafique VS State Ss. 420, 468 & 471---Cheating and dishonestly inducing someone to deliver property, forgery for the purpose of cheating, use of a forged document as genuine---Appreciation of evidence---Benefit of doubt---Trial Court convicted the accused and sentenced him---Being aggrieved, accused filed an appeal but same was dismissed---Validity---Accused was charged for committing fraud with the complainant by handing over the bogus/forged transfer deed of a tanker sold out by him in favour of complainant---Complainant stated in his cross-examination that he paid Rs.4,50,000/- on 28.08.2009 at 11/12:00 (noon), whereas witness deposed during cross-examination that it took place on 28.08.2009 at 03/04:00 (afternoon) and the complainant paid only Rs.4,50,000/- in his presence, which created doubts about the transaction---Said witness admitted that he repaired the vehicles of the complainant---Said witness was not an independent witness and the complainant had not examined an independent witness to corroborate the prosecution's version---Admittedly, there was no written agreement between the complainant and the petitioner about the sale and purchase of the Oil Tanker and regarding mutual business, from which it could be ascertained that in case of any loss, if it occurred, the petitioner, would be liable to fulfill it---Admittedly, the petitioner was convicted without securing the document and referring the same for verification, as well as whether the thumb mark and signatures upon the alleged transfer letter/deed were genuine---Petitioner had denied that he sold the Oil Tanker or executed any transfer letter---Admitted fact that after the judgment of the Trial Court, the suit for declaration and mandatory injunction filed by the complainant on 29.09.2010 and the suit for recovery of the Oil Tanker filed by the petitioner against the complainant on 18.11.2013 was decided by the Civil Court, through a consolidated judgment dated 21.06.2016, whereby the suit filed by the complainant was dismissed, while the suit filed by the petitioner was decreed---Petitioner placed on the record the said documents, the complainant remained unable to rebut those facts---After carefully considering the prosecution witnesses, the High Court found considerable doubt about their credibility as truthful witnesses---So, no reliance could be placed on their testimony for the petitioner's conviction---Criminal Revision Petition was allowed, in circumstances.

Muhammad Shafique vs State Ss — 2025 PCrLJ 1511 LAHORE-HIGH-COURT-LAHORE

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