The appeal is directed against judgment; dated 6-10-1990 of Special Judge (Central), Lahore, whereby the learned Judge convicted the appellant under section 22 of the Emigration Ordinance, 1979 and sentenced him to undergo R.1. For one year, plus to pay a fine of Rs.50,000, in default whereof to undergo R.I. For three months. A sum of Rs.36,000, on recovery of fine, was directed to be paid to P.Ws. 1, 2 and 3 according to their share in the amount paid by them to the appellant.
2. The prosecution case at the trial was that the appellant had received a sum of Rs.51,000 from Muhammad Akram P.W. Extending a false promise that he will make arrangement for employment abroad for him, for Akbar, and for Muhammad -.Ishaq P.Ws. The amount was paid at different places in instalments. A sum of Rs.15,000 was returned by him on having failed to provide employment to anyone of them.
3. Learned counsel for the appellant after having argued the appeal at some length has chosen not to press the appeal in so far as it pertains to the conviction. He has, however, prayed that the sentence awarded to the appellant is severe and that the sentence of fine also is excessive.
4. Notwithstanding the fact that the learned counsel for the appellant has not pressed the appeal on merits, I have gone through the record and I am convinced even otherwise that no interference is called for in the conviction of the appellant. The same is, therefore, maintained. However, the sentence of one year's R.I. Awarded to him is reduced to R.I. For six months. The sentence A of fine of Rs.50,000 is also reduced to Rs.40,000. A sum of Rs.36,000, out of the recovery of fine, shall be paid to P.Ws.l, 2 and 3 as directed by Special Judge (Central), Lahore, in default of payment of fine, he will undergo R.I. For three months. He shall also be given benefit of provisions of section 382-B, Cr.P.C.
The appellant is on bail. He shall be caused to be arrested through non-bailable warrants and lodged in jail to undergo the remaining sentence.