| Case ID |
260fb0f6-d694-43f2-85f7-6805bca89ea3 |
| Body |
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| Case Number |
FIR No.46 dated 18.2.2011 |
| Decision Date |
Jul 29, 2016 |
| Hearing Date |
|
| Decision |
The Lahore High Court accepted the appeal and set aside the conviction and sentence awarded by the Trial Court. The appellant was acquitted from the charges under sections 17 and 22 of the Emigration Ordinance, 1979. The prosecution failed to prove the case against the accused beyond reasonable doubt due to lack of evidence and serious contradictions in witness statements. The court emphasized that even a single reasonable doubt in the prosecution case warrants acquittal. |
| Summary |
In the case concerning unlawful emigration under the Emigration Ordinance (XVIII of 1979), the Lahore High Court reviewed an appeal against the conviction of the appellant, who was accused of defrauding the complainant's brother by promising foreign employment after receiving a significant sum of money. The court found that the prosecution could not substantiate its claims, as no evidence was presented to prove that the accused was an Overseas Employment Promoter or had engaged in any illegal activities related to emigration. The appellant was accused of defrauding the complainant's family by not fulfilling his promise to send the brother abroad for employment and failing to return the money. The court noted serious inconsistencies in witness testimonies and the absence of key evidence, leading to the conclusion that the prosecution's case was not credible. The ruling highlighted the importance of reliable evidence in criminal proceedings and reiterated the principle that acquittal is warranted when reasonable doubt exists. This case underscores the legal framework governing emigration and the protection of individuals from fraudulent practices in securing foreign employment. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
ERUM SAJAD GULL, JUSTICE,
GHULAM SHABBIR MALIK
|
| Lawyers |
Ijaz Ahmad Chadhar,
Barrister Danyal Ijaz Chadhar,
Mian Haseeb-ul-Hassan,
Syed Akmal Hussain Shah
|
| Petitioners |
|
| Respondents |
The STATE,
another
|
| Citations |
2016 SLD 2608 = 2016 PCRLJ 1365
|
| Other Citations |
Muhammad Zaman v. The State and others 2014 SCMR 749
|
| Laws Involved |
Emigration Ordinance (XVIII of 1979)
|
| Sections |
17,
22
|