| Citation(s) |
|---|
| 2018 SLG 1005 2018 SLD 1005 2018 PCRLJ 191 |
Balochistan High Court
Criminal Appeals Nos. 99, 100 and 101 of 2015, decision Dated: 11-09-2017, hearing Date : 18-08-2017.
ABDULLAH BALOCH, JUSTICE
Waqar Ahmed for Appellant (in Cr.A. No. 99 of 2015). Mukesh Nath Kohli for Appellant (in Cr.A. No. 100 of 2015). Khuram Javed for Appellant (in Cr.A. No. 101 of 2015). Ikhlaq Shah, Assistant Attorney-General for the State.
Criminal Appeals Nos. 99, 100 and 101 of 2015, decision Dated: 11-09-2017, hearing Date : 18-08-2017.
ABDULLAH BALOCH, JUSTICE
Waqar Ahmed for Appellant (in Cr.A. No. 99 of 2015). Mukesh Nath Kohli for Appellant (in Cr.A. No. 100 of 2015). Khuram Javed for Appellant (in Cr.A. No. 101 of 2015). Ikhlaq Shah, Assistant Attorney-General for the State.
MUHAMMAD ASIF AND OTHERS
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1860)--- ----Ss. 420, 468, 471 & 109---National Database and Registration Authority Ordinance (VIII of 2000), S. 30(i)(ii)---Foreigners Act (XXXI of 1946), S. 14---Prevention of Corruption Act (II of 1947), S. 5(2)---Cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, abetment, concealing and refusing to furnish information which a person ought to disclose or furnish etc, contravention of provisions of law or any order made thereunder and corruption, public servant committed or attempt to commit criminal misconduct---Appreciation of evidence---Benefit of doubt---Prosecution case was that accused being an active agent for preparing and managing passport for travelling to foreign countries for the employment, through infrequent routes, after obtaining money through fraud---Record showed that 8-smart Computerized National Identity Cards and one colour photocopy of a Computerized National Identity Card along with 4-birth certificates were recovered from the possession of accused---Prosecution had nominated said persons as accused in whose name the recovered Computerized National Identity Cards were issued---Prosecution despite efforts had failed to trace out the said persons from given addresses---Prosecution however, succeeded to trace out accused in whose name the said recovered Computerized National Identity Card was issued---During the course of investigation, the accused in whose name, Computerized National Identity Card was issued, had recorded his confessional statement under section 164 Cr.P.C. before the Judicial Magistrate---Said accused confessed that in-fact he was resident of Afghanistan, he arrived in the country without any travelling documents and received Computerized National Identity Card and passport of the country after the payment of Rs. 15,00,000---Said accused was trying to travel abroad and was arrested---Accused in his confessional statement had nominated no other person as co-accused---Findings of the Examiner showed that no expert opinion was drawn to ascertain the genuineness of documents, such documents were not helpful for the…
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