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Criminal Appeal No. 15 of 1982, decided on 2nd March, 1986.

‑‑‑S.22(b)‑‑Accused collecting certain amount from 15 persons for pending them abroad but neither sent them abroad for employment nor returned the amount‑‑Testimony of prosecution witnesses who fully implicated accused was not shaken in cross‑examination ‑‑ No reason existing to falsely implicate accused‑‑Conviction maintained in circumstances.

Akhlaque Ahmed Siddique for Appellant.

Muhammad Ibrahim Memon A . A .‑G . for the State.

Date of hearing: 27th February, 1986.

The appellant was charged under section 22 (b) of the Emigration Ordinance, 1979. He denied the charge.

The facts in brief are that Mir Nawab Khan lodged complaint Exh.4 in Appeal No.12 of 1982 with Deputy Director Emigration F.I.A.,. Passport Cell against the appellant that he met the appellant who told him that he had come from Saudi Arabia to recruit Pakistanis for employment in Saudi Arabia and had brought some visas for employment. On next day Mir Nawab, Syed Badshah and Hamza Khan went to the accused as they wanted to go for employment in Saudi Arabia and the accused obtained Rs.312 from each one of them alongwith the travel documents. On the next day they again went to the accused and took with themselves Miskeen Khan and Mirwal Khan cousins of Mir Nawab Khan and they too paid the said amount and delivered the relevant documents, in their presence. Saidur Rehman and Jambir Rehman also paid the amount to the appellant. The witnesses then contacted the accused but were informed that he had gone to Islamabad. Thereafter, his whereabouts were not known.

2. In order to bring home the charge against the appellant the prosecution examined P.Ws. Jambir Rehman, Syed Mehfooz Hussain. Miskeen Khan who have deposed that Mir Nawab Khan had informed them that the appellant had brought some visas for employment in Saudi Arabia. They contacted the accused at his house. They made payment to the appellant but the appellant failed to send any one of them to Saudi Arabia for employment. Miskeen Khan paid Rs.3,000 and was also charged Rs.601 for getting an urgent passport. Jambir Rehman paid Rs.4,000 and also Rs.12 as fees of medical certificate.

The report was lodged by Mir Nawab Khan Exh.4 in Appeal No.12 of 1982 with Deputy Director Emigration F.I.A., Passport Cell against the appellant that he had collected Rs.48,144 from 15 persons for sending them to Saudi Arabia but neither he sent them to Saudi Arabia for employment nor returned the amount. The appellant in his 342, Cr.P.C. statement denied the allegation. No witness in defence was produced. The learned trial Judge after assessment of the evidence convicted the appellant and sentenced him to undergo R.I. for six months and to pay a fine of Rs.8,000 or in default to undergo R.I. for three months under section 22 (b) of the Emigration Ordinance, 1979. It was directed that if fine is paid the amount of Rs.4,012 be given to Jambir Rehman and Rs.3,601 be paid to Miskeen Khan and the remaining amount be deposited in the Government Treasury.

The witnesses have fully implicated the appellant. They have been cross‑examined by the defence but their testimony has not been shaken in cross‑examination. There is no reason to falsely implicate the appellant. There was no enmity. In these circumstances tile conviction of the appellant has been rightly recorded. There is no substance in this appeal and the same is hereby dismissed. The appeal was dismissed by a short order, dated 27‑2‑1986 in the following terms:

"For the, reasons to be recorded separately, I see no force in this appeal. The same is dismissed. The appellant is on bail, he should surrender himself ,to undergo the remaining sentences."

The above are the reasons in support of the short order.

H.A.K. Appeal dismissed.

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