MUHAMMAD ARIF vs TASNEEM FATIMA Ss — 2022 PCrLJN 13 ISLAMABAD

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MUHAMMAD ARIF VS TASNEEM FATIMA Ss. 420, 468, 406, 489-F & 109---Passports Act (XX of 1974), S. 6---Cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, criminal breach of trust, dishonestly issuing a cheque, abetment---Appreciation of evidence---Appeal against acquittal---Offence relating to passport---Scope---Prosecution case was that the accused fraudulently received huge amount from the complainant along with passports of 44 persons for sending them to perform Hajj, but she did not fulfil her obligation---Later on, accused issued different cheques to the complainant for repayment of the amount received by her, but the same were dishonoured when presented for encashment---Record showed that the FIR did not contain the allegation that any passport was received by the accused/respondent from the complainant on the pretext of arranging Hajj Quota---FIR simply stated that on the persuasion of the accused/respondent, the complainant paid her an amount of Rs.63,47,244---Some of the amount was transferred to her through bank and remaining paid in cash---Complainant had deposed that 44 passports were given to the accused/respondent, however, during the cross-examination, the complainant admitted that in his complaint submitted before the FIA, he had not requested for recovery or return of passports from the accused/respondent---Complainant also admitted that there was no need of passport for issuance or allotment of Hajj Quota---Admittedly, Hajj Quota was issued only to the authorized persons and companies---Complainant also admitted that in the permit issued by the Government pertaining to Hajj Quota only number of persons was mentioned---Said admission of the complainant coupled with non-recovery of passports, it stood established that no passport was handed over to the accused/respondent for the purposes of issuance of Hajj Quota---Complainant's admission further proved that Passports were not needed for issuance or allotment of Hajj Quota---Record was further reflective of the fact that none of the passport holders lodged any complaint against the accused/respondent that she was holding their passport unauthorizedly---Section 6 of the Passports Act, 1974 provided penalties for offences pertaining to passport---Delivery of passports by the complainant or receipt of the same by the accused/respondent had not been proved on record, therefore, the Trial Court was right in acquitting the accused from the offence under S. 6 of the Passports Act, 1974---Circumstances established that the appeal had no force, which was dismissed accordingly.

MUHAMMAD ARIF vs TASNEEM FATIMA Ss — 2022 PCrLJN 13 ISLAMABAD

Case information

Judgment text as reported