NADIR ALI vs State S — 2021 MLD 895 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 MLD 895 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: MLD
Parties: NADIR ALI vs State S
Subject matter: Criminal
Provisions referred to: S. 22

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NADIR ALI VS State S.22(b)---Receiving money, etc. for providing foreign employment---appreciation of evidence---Benefit of doubt---Prosecution case was that the accused and co-accused had received Rs.700,000/- (Rupees seven hundred thousand) from each of the complainant and promised to send them abroad for employment, but despite lapse of 7/8 months the accused persons failed to send them, on which the complainants demanded their money back but the accused refused---Record showed that the statements of the witnesses did not appeal and attract to prudent mind---Witnesses stated that they had gone to other city by air but no air ticket of airline was produced---Question arose that from the testimony that the earning of the witnesses were not more than Rs.5000/- to Rs.7000/- per month, while they were residing in rented house with rent more than their earnings, in such circumstances, how they managed such huge money---Witnesses stated that the receipts of money were given to them by the accused, but no such receipt was produced---admittedly, when a person alleged something having been done, the burden lay on such person---Witnesses had not produced any document in order to prove their contention---Investigating Officer had denied any receipt given to him by the witnesses---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal against conviction was allowed, in circumstances.

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