The Court of Appeal in Dubai overturned a ruling by a court of first instance that acquitted three women and two men of the charge of luring an Asian man with the trick (a picture of a woman), and agreeing with him to come to one of the apartments to undergo a massage session, then robbing him after assaulting him, and forcing him to disclose the secret data numbers. Two bank cards.
The Court of Appeal ruled that the defendants be imprisoned for two years, and fined them 44,900 dirhams, for charges they committed, which included unlawful detention, forced theft, and assault.
The Public Prosecution charged the defendants with committing the crime of detaining the victim illegally, and by subterfuge, by publishing an advertisement for a massage service on one of the social media platforms (Facebook), and when he contacted the number via the “WhatsApp” application, they confirmed to him the veracity of what was stated in the advertisement. They asked him to come to the apartment, and when he arrived there, and as soon as he entered, they forcefully dragged him, closed the door behind him, then took his wallet, and seized the amount of 900 dirhams. When he resisted them to retrieve the movables, they assaulted him, and took his two bank cards from his wallet, photographed them, and sent them. To another accused via WhatsApp, he withdrew from them an amount of 44 thousand dirhams.
The victim said in the Public Prosecution’s investigations that on the day of the incident, he saw an advertisement posted by a European woman on Facebook, stating that she was providing massage services for 500 dirhams. He asked her for the address via WhatsApp, and when he arrived at the agreed-upon location, he pressed the bell. Someone opened the door for him, and he heard a woman's voice from behind the door asking him to enter, and as soon as he did that, she closed the door behind him. He added that the woman grabbed him, and two women of the same nationality came and dragged him into a room, then a man of the same nationality came, searched him, found 900 dirhams, and forcibly took the phone from his hand. He pointed out that he tried to resist them and get his things back, so they tied his legs, asked him to open the banking application on his phone, and forced him several times to transfer money from his account, but he was unable to do so, so they took his two bank cards out of the wallet, and the man asked him about the PIN number for the two cards. Then he went out for 20 minutes and came back to inform him that the number was incorrect, so he told him the correct number this time.
The victim continued that the accused phoned one of the people, informed him of the password for the two cards, and sent their photo via the WhatsApp application. Then he left and came back again 20 minutes later, asked the girls to leave the apartment, returned the wallet, bank cards, and phone to him, and fled.
He indicated that he left the place, after making sure it was empty, and called his friends and told them what happened, then informed the police, and while he was at the center, he checked his bank account through the bank application, and discovered that they had withdrawn sums of money from his balance while he was with them.
A police witness reported that a team was formed to search for the perpetrators, by tracking their criminal methods, and investigations indicated their involvement in more than one crime at that time, and their whereabouts were determined in another emirate, so coordination was made with the police there and they were arrested.
It turned out that the fifth accused, who was not present in the apartment, used the first bank card to withdraw 14,500 dirhams via the ATM, while the second accused withdrew 29,500 through the ATM and purchased mobile phones from an electronic website. The witness stated that the four defendants who carried out the crime were presented to the victim in a diagnostic queue, and he recognized them all, pointing out that sums of money were found on the defendants when they were arrested, in addition to a number of mobile phones.
After examining the case by the court of first instance, it concluded that the five defendants were acquitted, due to its lack of confidence in the evidence and their insistence on denial. The Public Prosecution appealed the ruling before the Court of Appeal, which found that the initial ruling did not undermine the elements of the case, and ruled to convict the five defendants and order their imprisonment. They were all given two years, and were jointly fined 44,900 dirhams, and deported from the state. The case is still in the discrimination stage.
. The Public Prosecution charged the defendants with committing the crime of detaining the victim illegally and by deception.
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