Law: Pakistan Penal Code, 1860

Section: 109,419,420,468,471

Law: Foreigners Act, 1946

Section: 14

Law: Criminal Procedure Code (V of 1898)

Section: 382-B

Law: Electronic Transactions Ordinance, 2002

Section: 36,37

(a) Penal Code (XLV of 1860)--- ----Ss. 419, 420, 468, 471 & 109---Electronic Transactions Ordinance (LI of 2002), Ss. 36 & 37---Foreigners Act (XXXI of 1946), S. 14---Cheating by personation, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, abetment, violation of privacy of information, damage to information system etc., illegal entry into country---Appreciation of evidence---Sentence, reduction in---Prosecution case was that the complainant was informed through e-mail that sender was legal attorney of deceased, who was civil engineer/contractor and handled many projects in foreign country---Said engineer had died along with his wife and daughter---Deceased had assets worth US Dollars 89 million and wanted to transfer the said assets to the complainant for the purpose of business---Sender of e-mail persuaded the complainant to pay US Dollars 500 to the legal advisor as bank account opening fee--- Complainant sent the said amount as advised by the sender of e-mail---Complainant later received a call on his mobile to deposit Rs.5,00,000 in the account of Mr. "A" so that the complainant could receive the assets of deceased engineer---Complainant deposited the said amount and thereafter realized that all that was a scam and he was defrauded of Rs. 4.3 million, hence the FIR---Record showed that e-mail was a curious document but no date of dispatch was mentioned in the e-mail---Complainant's e-mail address was not mentioned therein---No effort seemed to have been made by the Investigating Officer or the forensic expert to verify as to whether the e-mail was indeed received by the complainant---Said e-mail, did not mention that deceased engineer had 89 Million US Dollars in his Bank account---No explanation was furnished as to whether the complainant had at any stage prior to the e-mail communicated either through e-mail or otherwise with the sender---First communication from sender to the complainant was also not on the record---Computer of complainant was not even examined so as to ensure that the said e-mail was indeed received by the complainant---Investigating Officer, in his…

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