| Citation(s) |
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| 2025 SLG 4600 2025 SLD 4600 = 2025 SHC 1119 |
Criminal Appeal No. 131 of 2019.
KHALID HUSSAIN SHAHANI, J.
Appellant : Syed Mahmood Shah Moosvi son of Syed Fazil Ali Shah Moosvi Through Mr. Muhammad Yasir, Advocate
Respondent : The State Through Mr. Sharafuddin Jamali, DAG duly assisted by Mr. Mateeullah Gondal, Advocate for the Complainant. Date of hearing : 17.04.2025 Date of judgment : 05.05.2025
SYED MAHMOOD SHAH MOOSVI S/O SYED FAZIL SHAH V/S THE STATE Sindh High Court, Karachi
Law: Emigration Ordinance, 1979
Section: 22(b), 17(2)(b)
Law: Code of Criminal Procedure (CrPC), 1898
Section: 265-C, 342, 340(2), 544-A, 545, 388
Summary:
The appellant, Syed Mahmood Shah Moosvi, was convicted under the Emigration Ordinance, 1979, for fraudulently obtaining Rs. 852,000 from the complainant by falsely promising overseas employment in Malaysia. The Sindh High Court upheld his conviction, ruling that the prosecution had proven the case beyond reasonable doubt. However, the Court modified the trial court’s order regarding the fine, holding that the fine could not be disbursed as compensation to the complainant since the Emigration Ordinance does not authorize such compensation. The fine was ordered to be deposited in the Government Treasury.
Sections Used:
22(b) – Emigration Ordinance, 1979
17(2)(b) – Emigration Ordinance, 1979
265-C – Cr.P.C.
342 – Cr.P.C.
340(2) – Cr.P.C.
544-A – Cr.P.C.
545 – Cr.P.C.
388 – Cr.P.C.
Two Words Description:
Employment Fraud