| Citation(s) |
|---|
| 2013 SLG 2813 2013 SLD 2813 2013 YLR 2155 |
Sindh High Court
Criminal Appeal No. 505 of 2011, decided on 9th April, 2013. DATE of hearing: 29th March, 2013
FAROOQ ALI CHANNA, J
Khan Muhammad Sirohi for Appellant. Qadir Hussain Khan, Standing Counsel for the State
Criminal Appeal No. 505 of 2011, decided on 9th April, 2013. DATE of hearing: 29th March, 2013
FAROOQ ALI CHANNA, J
Khan Muhammad Sirohi for Appellant. Qadir Hussain Khan, Standing Counsel for the State
MUHAMMAD SIKANDAR MEHMOOD
VS
The State through FIA
Law:
Section:
(a) Emigration Ordinance (XVIII of 1979)--- ----S. 22(b)---Demanding or receiving money for providing foreign employment---Appreciation of evidence---Record showed that accused, in connivance with his associates and others, arranged/affixed false/forged protectors, clearance/ Registration and Visas on passports of the victims for employment abroad---Evidence of witnesses/victims was supported by recovery of their passports from the possession of accused at the time of his arrest during raid---Mashir of recovery, who was an independent witness, in his evidence had supported prosecution case, his evidence was corroborated by official witnesses of FIA, who arrested accused and recovered the passports---All said witnesses were cross-examined at length, but the defence counsel had failed to shatter their evidence, or to extract material contradictions to create doubt in prosecution case---Discrepancy in the timing of arrival of raiding team and preparation of Mashirnama, being minor in nature, would not be fatal to the prosecution case---Witnesses being victims/ affectees of offence, were natural and trustworthy witnesses, having no enmity against accused---Said witnesses had clearly implicated accused in each material particular---Prosecution had made out the case without any shadow of reasonable doubt against accused that he having no licence for sending persons abroad, was depriving the persons of considerable amount on pretext of providing them employment abroad---Conviction of accused under S.22(b) of Emigration Ordinance, 1979, was maintained, in circumstances. (b) Emigration Ordinance (XVIII of 1979)--- ----S. 18(a)---Passports Act (XX of 1974), S.6(1)(g)---Forging documents required for emigration---Wrongful possession of passport not lawfully issued---Appreciation of evidence---Prosecution had failed to examine, even a single witness to allege against accused that he in any manner was indulged in arranging or affixing the forged protectors, clearance/registration or visas for abroad---Per prosecution, the witnesses/the victims, had handed over the passports to accused with their own will and wish for their employment abroad---Accused had not misused the…
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