Law: Penal Code (XLV of 1860)

Section: 420,468,471

Penal Code (XLV of 1860)------Ss. 420, 468 & 471---Cheating and using forged document---Appreciation of evidence---Benefit of doubt---Mens rea---Proof---Accused was convicted by Trial Court for seeking loan from complainant Bank on the basis of forged property documents and was sentenced to imprisonment for six years---Validity---Prosecution failed to prove either through direct evidence or inference based on the conduct of accused that there was any mens rea on the part of accused to commit any of the offences for which he was convicted---Prosecution was to prove its case against accused beyond reasonable doubt and benefit of doubt was to go to accused by way of right as opportunity to concession---High Court set aside conviction and sentence awarded to accused by extending him benefit of doubt and acquitted him of the charge---Appeal was allowed, in circumstances. Nasir Abbas v. The State 2011 SCMR 1966 and Tariq Pervez v. The State 1995 SCMR 1345 rel. Agha Siraj Khan Durrani v. The State 2000 PCr.LJ 1329; Hakim Ali Zardari v. The State PLD 2002 Lah. 369; Muzammil Niazi and others v. The State PLD 2003 Kar. 526; Haji Jamil Ahmad v. Mst. Shahnaz Parveen 2016 PCr.LJ Note 40; Rehmat v. The State PLD 1977 SC 515; Syed Mushahid Shah v. Federal Investment Agency 2017 SCMR 1218; Muhammad Shah v. The State 2010 SCMR 1009; Zaffar v. The State 2021 YLR 1918; Nusrat Ali Shar and others v. The State Cr. Appeals Nos. 24-K, 25-K and 26-K of 2018; Galla Nageswara Rao v. State of Andhra Pradesh 1992 Cr.LJ 2601; Ch. Sami Ullah v. The State 1984 PCr.LJ 1486; Maqsood Pervez alias Billa v. The State 2000 SCMR 1859; Qudratullah v. The State PLD 2017 Pesh. 5; Muhammad Hussain v. The State 1988 PCr.LJ 2029; Babu Lal v. The State 2019 PCr.LJ 157 and Ghufran v. The State 2012 PCr.LJ 98 ref. JUDGMENT MOHAMMAD KARIM KHAN AGHA, JUSTICE:---.--- The appellant Syed Anees Hasan son of Qamar ul Hassan has assailed the impugned judgment dated 27.07.2021 passed by learned Judge, Special Court (Offences in Banks) Sindh at Karachi in Case No.41 of 2011 arising out of Crime No.07 of 2011 under Sections 420/467/468/471/477-A/109/34 registered at Police Station FIA, SBC, Karachi whereby the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492