60/2018 Cr.Acq.A. KAUSAR AHMED S/O HAMEEDULLAH (Appellant) V/S MUHAMMAD IMRAN ANSARI & ORS (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar(Author)
Order Date: 16-AUG-18
Penal Code (XLV of 1860)--- ----Ss. 420, 468, 471, 448 & 34---Cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, house trespass, common intention---Appreciation of evidence---Appeal against acquittal---Prosecution case was that respondent sold out the roof/pent house of the building/property in question fraudulently---Complainant had contended that sufficient evidence was available on the record to convict the accused/respondent but the Trial Court had failed to appreciate the same---Effect---Record showed that complainant had not produced any witness of building regarding the incident as alleged in the FIR---Out of eight prosecution witnesses, three were private witnesses, but they had not appeared in the court despite issuance of bailable warrants---Complainant had claimed that the property in question was owned by his late father-- Complainant had admitted in his cross-examination that there were other six legal heirs of his father but except the complainant none of them had made any complaint or was even associated as witness in the case---Complainant during his cross- examination had admitted that the sublease was executed in 2014 and he had lodged the FIR in the year 2015, which showed that the dispute was of civil nature---Circumstances established that prosecution case was not free from doubts, and was meritless---Appeal was dismissed accordingly. Tariq Pervez v. The State 1995 SCMR 1345; Habib v. The State 2014 PCr.LJ 1067 and Muhammad Hanif alias Pocho v. The State 2014 PCr.LJ 928 rel.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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