Law: Penal Code (XLV of 1860)

Section: 420,511

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g)

(a) Penal Code (XLV of 1860)--- ----Ss.420 511---Qanun-e-Shahadat (10 of 1984), Art.129(g)---Cheating and dishonestly inducing delivery of property, punished for attempting to commit offence---Appreciation of evidence---Benefit of doubt---Delayed FIR---Withholding best evidence---Scope---Accused was convicted under Ss.420 511, P.P.C., for having attempted to encash a forged cheque---Operations Manager of the Bank was not cited as a witness in the case whose evidence would have been the best piece of evidence in order to establish the charge---Accused had already withdrawn a huge amount of more than five million from the bank account, but even after alleged withdrawal of such a huge amount, account holders did not come forward to give evidence that the cheque was not signed by any of them and it was forged cheque or even during investigation it could not be brought on record that any complaint regarding missing or theft of the chequebook had been lodged by the account holders with the Bank or the police---Accused had remained under detention in the Bank and was produced at the police station at 10:45 p.m. whereas the bank time ended at 5:00 p.m.---Complainant had not promptly informed the police and in his evidence he had admitted that after consultation with the Head Office, he had lodged the FIR on the next day---Appeal against conviction was allowed, in circumstances. Mst. Asia Bibi v. The State and others PLD 2019 SC 64; Zeeshan alias Shani v. The State 2012 SCMR 428 and Noor Muhammad v. The State 2010 SCMR 97 rel. (b) Criminal trial--- ----Conviction---Accused cannot be convicted on probabilities neither high presumptions nor heinousness of the offence can be made basis for conviction of the accused until and unless any strong incriminating evidence is adduced by the prosecution. (c) Criminal trial--- ----Benefit of doubt---Scope---Several circumstances are not required for extending benefit of doubt in favour of the accused rather one circumstance, which creates reasonable dent in the veracity of the prosecution version, can be taken into consideration for the purpose, not as a matter of grace or concession rather as a matter of right. Tariq Pervaiz v. The…

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