Law: Emigration Ordinance, 1979

Section: 17,22

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

Section: 37

(a) Emigration Ordinance (XVII of 1979)--- ----Ss. 17 & 22---Unlawful emigration, receiving money for foreign employment---Appreciation of evidence---Accused was alleged to have received money from the complainant to send his son to a specific country for employment but later on sent him to a different country and on his return, when complainant demanded his amount, the accused refused to do so---Accused at his own got recorded confessional statement before the Trial Court and despite issuing of a show cause notice by the Trial Court, he owned the same, meaning thereby the confessional statement of the accused was volunteer---Trial Court, in circumstances, had rightly sentenced for imprisonment for the period already undergone on the basis of his volunteer confession---Appeal was dismissed accordingly. (b) Confession--- ----Juristic interpretation---Confession means a statement made by an accused which must either admit in terms of the offence or at any rate substantially all the facts which constitute the offence. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 37---Retracted confession---Scope---Retraction of confession would become wholly immaterial once it was found that it was voluntary as well as true. Joygun Bibi v. The State PLD 1960 SC 313; Manjeet Singh v. The State PLD 2006 SC 30 and Muhammad Amin v. The State PLD 2006 SC 219 rel. THIS JUDGMENT DELIVERED BY: SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE:---.--- Naeem Shahzad, the appellant, was embroiled in case FIR No.1224/2008, dated 09.10.2008, registered with the Police Station FIA, Gujranwala, in respect of the offences under sections 17/22 of Emigration Ordinance, 1979, and was tried by the learned Special Judge, (Central), Lahore. The learned trial Court seized with the matter in terms of order dated 06.1.2009, convicted the appellant under section 22(b) of the Emigration Ordinance, 1979, and sentenced him Rigorous Imprisonment for the period already undergone by him while awarding benefit under section 382-B, Cr.P.C. The appellant was also ordered to pay Rs.10,000/- (rupees ten thousands only) as fine and in default thereof to suffer further Simple Imprisonment for one month. Being aggrieved of…

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