RASOOL Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner has been convicted by the Additional First Class Magistrate, Civil Station, Bangalore, of an offence under Section 14 of the Foreigners Act of 1946 read with Rule 7 of the Foreigners Order 1948 made under the provisions of Section 3 of the said Act, and has been sentenced to undergo simple imprisonment for a period of 2 months. The conviction and the sentence have been confirmed on appeal by the Sessions Judge, Civil Station Bangalore. Hence this revision petition.

(2.) Only a question of law has been argued in this revision and that is whether the conviction of the petitioner is barred under Section 403 of the Code of Criminal Procedure by reason of his having been acquitted under Section 494 (b) of the Code of Criminal Procedure in a prior case, C. C. No. 805 of 1955 on the file of the First Class Magistrate, Civil Station, Bangalore.

(3.) There is no dispute regarding the material facts, which may be stated briefly.