MUHAMMAD ASIF vs State Ss — 2024 PCrLJ 318 PESHAWAR-HIGH-COURT

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MUHAMMAD ASIF VS State Ss. 18 & 22----Fraudulently inducing to emigrate, receiving money, etc., for providing foreign employment---Appreciation of evidence---Documentary proof of transactions established---Accused was charged for getting money from the complainant fraudulently for providing employment visa but neither he provided him with the promised job nor had returned his amount---Record showed that the accused operated an account, his wife operated another account, and from time to time amounts were sent to the said accounts from the accounts of wife of complainant---Number of deposit slips of a Bank were produced, which clearly depicted that wife of complainant as well as other victims had deposited millions of rupees in the accounts of accused and his wife---Likewise, bank statements produced by the prosecution also revealed the payments of different amounts through a financial services corporation in favour of accused by the wife of complainant---Similarly, complainant also sent Rs. 2,00,000/- and Rs. 1,00,000/- in the account of accused through direct deposits from a Bank which were duly received in the account of accused---Said undeniable documentary proofs, which were obtained through proper channel and brought on record during investigation by the Investigating Officer, could not be shattered by the accused---Complaint was filed before Federal Investigation Agency, but despite issuance of summons, the accused did not join inquiry, and even after registration of case, he remained absconder for an unexplained long time---Similarly, wife of accused was still absconding, who had been declared proclaimed offender by the competent Court of law---No question of ill-will on the part of complainant party or false implication of accused and his wife arose in the case---Circumstances established that the prosecution had successfully proved its case against the accused beyond any shadow of doubt---Appeal against conviction was accordingly dismissed.

MUHAMMAD ASIF vs State Ss — 2024 PCrLJ 318 PESHAWAR-HIGH-COURT

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