MUHAMMAD ILYAS vs State Ss — 2024 PCrLJ 62 ISLAMABAD

Case information

Citation: 2024 PCrLJ 62 ISLAMABAD
Court: Islamabad High Court
Year: 2024
Reporter: PCRLJ
Parties: MUHAMMAD ILYAS vs State Ss
Subject matter: Criminal
Provisions referred to: Emigration Ordinance

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

MUHAMMAD ILYAS VS State Ss. 18 & 22---Illegal immigration services---Appreciation of evidence---Benefit of doubt---Transaction of money---Proof---Accused was alleged to have received money from intending immigrant for getting him visa for Italy but instead he got visa of Malaysia---Trial Court convicted the accused and sentenced him for imprisonment for 4 years---Validity---Accused allegedly obtained money for sending prosecution witness to Italy but obtained visa for Malaysia---There was no allegation that visa of Malaysia was fake---Passport of prosecution witness containing visa of Malaysia was not taken into possession by investigating officer and was not produced as evidence during trial---In absence of passport, visa or related document it could not be concluded that prosecution established any case of offence under Emigration Ordinance, 1979---No source/money trail of amount allegedly paid to accused was produced in evidence; that from where prosecution witness obtained such huge amount; whether he obtained the amount from some private person or withdrew from bank etc.---No independent evidence of transaction was produced---Prosecution failed to prove its case against accused beyond reasonable doubt---High Court extended benefit of doubt to accused as a matter of right as there were many defects and contradictions in prosecution case/evidence---High Court acquitted accused of the charge--- Appeal was allowed, in circumstances.

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