Unlawful Emigration and Conviction

Unlawful Emigration and Conviction Case Laws Criminal Appeal Criminal Law Emigration Knowledge - Criminal Law Lahore High Court Litigation & Arbitration Solutions - Criminal Law Mrs. Justice Erum Sajad Gull in her judgment has decided the issue regarding unlawful emigration and conviction in Criminal Appeal No. 1472 of 2015.

1. The instant appeal has been filed by the appellant against the judgment dated 29.7.2015 passed by the learned Judge Special Court (Central), Faisalabad whereby the appellant was tried in case FIR No.46 dated 18.2.2011 registered at Police Station FIA, Faisalabad under sections 17 and 22 of the Emigration Ordinance, 1979. The appellant was convicted and sentenced as under:

“Convicted U/S 17 of the Emigration Ordinance, 1979 for the offence committed by him as narrated above and is sentenced to undergo Rigorous Imprisonment for a period of 05-Years and fine of Rs.1,00,000/-. In case of default in payment of fine, the convict shall undergo 06-Months simple imprisonment. Ghulam Shabbir is also held guilty and convicted U/S 22 of Emigration Ordinance, 1979 for the offence committed by him as mentioned above and is sentenced to undergo Rigorous Imprisonment for a period of 07-Years and fine of Rs.100,000/-. In case of default of payment of fine, the convict shall undergo further simple imprisonment for a period of 06-Months. All the sentences awarded to the convict in this case shall run concurrently.”

2. The brief facts of the case as narrated in the FIR were reiterated by the complainant Zubair Akhtar (PW.1) in his statement before the learned trial court are reproduced as under:

“In the year 2006, Ghulam Shabbir accused visited me at the death of my sister at my residence. Accused is my close relative. The accused told me that he had already settled his three sons and son-in-law in abroad and offered me to send my brother Waqas Akhtar Badal to England and demanded Rs.8-Lacs. Subsequently on 05.01.2008 I paid Rs.1,75,000/- in my house to accused Ghulam Shabbir in presence of witnesses namely Fakhar Abbas and Mushtaq Hussain Shah. On 03.12.2008 I further transferred Rs.50,000/-in the account of accused Ghulam Shabbir. On 14.07.2008 I further transferred Rs.1,75,000/- in the account of the accused. I also handed over my brother’s Passport to the accused. After payment we asked accused for our work. Accused handed over documents of study visa to my brother Waqas Akhtar Badal which were found fake on verification. Accused also promised us to send my brother abroad for the purpose of employment but he cheated and handed over fake documents of study visa. Accused neither sent my brother abroad nor returned the amount. Accused issued a cheque of Rs.4-lacs in favour of my father which was not honored by the Bank. My father got registered case in the Punjab Police against the accused. I moved application Exh.PA before the Director FIA, Lahore which bears my thumb impression and signatures at point Exh.PA/1.”

3. After registration of the case, the police proceeded with the investigation and on completion of the same, report under section 173 Cr.P.C. was submitted in the learned trial court and the learned trial court after observing all the legal formalities framed the charge against the appellant to which he pleaded not guilty thereafter the trial commenced.

4. In order to prove its case, the prosecution examined six witnesses. Zubair Akhtar (PW1), Syed Tafakhar Abbas (PW-2) Syed Mushtaq Hussain (PW-3), Muhammad Zubair Ashraf, S.I FIA Islamabad (PW-4), Nasir Mehmood Awan, Inspector FIA, Lahore (PW-5) and Muhammad Javed Malik, Sub-Inspector (Retd) FIA, Faisalabad (PW-6).The learned DDPP gave up PW SHO Umar Farooaq, Waqas Akhtar and Jameel Akhtar being unnecessary and closed the prosecution evidence.

5. After recording the prosecution evidence, the statement of the appellant was recorded under section 342 Cr.P.C. in which he refuted all the allegations levelled against him. In answer to the question as to why the case against him and why the prosecution witnesses had deposed against him, the appellant replied as under:

“The complainant’s father is my real cousin and the complainant is a greedy person who wants to grab my property and money. Complainant is suni’s by faith while we are Shia. My son Imram disagree to make wedlock with the sister of the complainant.

The disputed cheque pertaining to Jamil Akhtar who is already got registered the case at Chakwal Police while nothing was sent by the latest complainant.”

The appellant produced Syed Naseer Hussain Sabazwari (DW-1), Sanwal Khan (DW-2), Syed Jafar Hussain Shah Sabazwari (DW-3), Malik Hamid Nawaz (DW-4) and Muhammad Ashraf (DW-5) and closed his defence evidence while tendering Receipt dated 16.1.2010 (Exh.DC), Letter from HBL Kalarkahar (Exh.DD), Report under Section 173 Cr.P.C in Case FIR No.147/10 (Exh.DE) with copy of order dated 16.9.2013 (Exh.DE/1), copy of FIR No.147/10 (Exh.DE/2), Affidavit of Syed Fakhar Abbas (Exh.DF), copy of Cheque with dis-honour slip (Mark-DA) and Signature Card (Mark-DB). Accused did not opt to appear as his own witness under Section 340(2) Cr.P.C.

6. After conclusion of the trial and hearing both the sides, the learned trial Court convicted and sentenced the appellant.

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