Gulraiz vs State Ss — 2025 YLR 2153 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Gulraiz VS State Ss. 409, 420, 468, 471 & 109----Criminal breach of trust by public servant, cheating and dishonestly inducing someone to deliver property, forgery for the purpose of cheating, use of a forged document as genuine, abetment---Appreciation of evidence---Benefit of doubt---Prosecution case was that the co-accused in connivance with the appellant committed fraud with the bank and willfully and intentionally withdrew an amount of Rs. 1,050,000/- from the bank account through fake/bogus cheques---Perusal of record revealed that neither in the application addressed to Deputy Director FIA nor in his statement the complainant had mentioned that it was the appellant who had committed fraud with the bank by using forged and bogus cheque books---In both these documents the complainant stated that co-accused had encashed one cheque amounting to Rs.6,40,000/- and transferred an amount of Rs.3,65,000/- through second cheque in the account of appellant---Said amount might have been transferred in the account of appellant but the prosecution had failed to bring on record any iota of evidence showing that he was in active connivance with the co-accused, who had withdrawn the cash amount from the bank and transferred some of the amount in the account of appellant---Not only the complainant had failed even to name the appellant that he had committed the offence but even General Banking Officer also never ever named the appellant to have committed the offence---Thus, the essential ingredients of the offences were found missing in the case as neither the appellant was found to have committed breach of trust or forgery/cheating or using a forged document as genuine nor he had taken benefit of such cheques himself but as per evidence adduced at the trial the active role of using the cheques in question and taking benefit thereof had been attributed to absconding co-accused---Although the prosecution had levelled serious allegations against the appellant that he had withdrawn huge amount from the account of "QI", however, interestingly when said "QI" appeared before the Court, he stated to have neither known the appellant nor charged him for any offence---Besides, the record available on the file was totally silent about the fact that how and who prepared the disputed cheques and in what manner the same was used for the purpose of cheating in order to constitute offence under S.468/471, P.P.C---Moreover, the prosecution had also badly failed to prove the element of mens rea, actus reus and theoutcome of the offence, which were the essential requirement of law for bringing the charge home against the appellant---Appeal against conviction was allowed, in circumstances.

Gulraiz vs State Ss — 2025 YLR 2153 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2025 YLR