| Case ID |
37065cc5-0a15-495a-acff-689de2d8650a |
| Body |
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| Case Number |
Cr. A. No. 318 of 2017 |
| Decision Date |
Apr 30, 2018 |
| Hearing Date |
Apr 30, 2018 |
| Decision |
The appeal filed by Muhammad Hussain against his conviction and sentence was dismissed. The court upheld the decision of the trial court which had convicted him under sections 420, 468, and 471 of the Pakistan Penal Code, sentencing him to four years R.I. under section 468, one year R.I. under section 420, and one year R.I. under section 471, along with a fine of Rs. 3,60,000. The court noted that the appeal was not maintainable due to the bar contained in section 412 of the Criminal Procedure Code, as the conviction was based on a plea of guilt. The appellant's claim regarding the modification of the sentence from consecutive to concurrent was considered but ultimately dismissed, as the appeal did not present sufficient grounds to warrant such a change. |
| Summary |
In the case of Muhammad Hussain vs. The State, the Sindh High Court addressed serious charges of fraud involving the acquisition of an ATM card through deceit. The accused and co-accused fraudulently obtained the ATM card of Mst. Anita, a legitimate account holder at KASB Bank, and used it to withdraw a substantial amount of Rs. 1,075,000. The trial court found Muhammad Hussain guilty based on his own admission of guilt, leading to a conviction under sections of the Pakistan Penal Code related to cheating and forgery. The appeal against this conviction was dismissed on the grounds of section 412 of the Criminal Procedure Code, which prohibits appeals in cases where the accused has pleaded guilty. The decision underscores the importance of accountability and the legal ramifications of fraud in financial transactions, emphasizing the court's commitment to uphold justice while also considering the circumstances surrounding the case, including the accused's family situation. Keywords such as 'fraud', 'ATM card', 'Pakistan Penal Code', 'Sindh High Court', and 'appeal dismissal' are pivotal in understanding the legal landscape surrounding this case. |
| Court |
Sindh High Court
|
| Entities Involved |
KASB Bank,
Mst. Anita
|
| Judges |
AFTAB AHMED GORAR,
KHADIM HUSSAIN TUNIO,
MOHAMMED HUSSAIN
|
| Lawyers |
Ms. Abida Parveen Channar,
Ashfaq Rafiq Janjua
|
| Petitioners |
Muhammad Hussain
|
| Respondents |
THE STATE
|
| Citations |
2018 SLD 2451,
2018 MLD 1937
|
| Other Citations |
Rahid Ali v. The State 2018 SCMR 418,
Mst. Shaista Bibi and another v. Superintendent Central Jail, Mach and 2 others PLD 2015 SC 15,
Muhammad Anwar and others v. The State 1986 PCr.LJ 2164,
Biloo Khan and another v. The State PLD 1967 Kar. 608,
Bashir Ahmed v. The State 2010 MLD 1159,
Muhammad Shafiq v. The State 2018 MLD 106,
Wajid Ali v. The State and others 2013 PCr.LJ 1597,
Mrs. Moona Singh Arachige v. The State 1990 PCr.LJ 62
|
| Laws Involved |
Pakistan Penal Code, 1860,
Limitation Act, 1908,
Criminal Procedure Code (V of 1898)
|
| Sections |
420,
468,
471,
5,
412
|