MALACHI OGUAMA Vs. CBI

JUDGEMENT

(1.) Present Revision Petition has been preferred by the petitioner to challenge the judgment dated 23.09.2016 of learned District and Sessions Judge (South), Saket, in CIS-CA-8250-2016 whereby the judgment dated 30.05.2016 and order on sentence dated 24.06.2016 of learned CMM, South in RC No.221/2016/E/0004 were upheld. Status report is on record.

(2.) I have heard the learned counsel for the parties and have examined the file. Undisputedly, charges under Sec. 471 Penal Code and Sec. 14 of Foreigners Act were framed against the petitioner by the Trial Court and to prove it, the prosecution examined eight witnesses. In 313 Crimial P.C. statement, the petitioner denied his involvement in the crime and pleaded false implication. He stated that the premises on rent were taken on the basis of valid travel documents. After considering the rival contentions of the parties and on appreciation of the evidence the Trial Court convicted the petitioner for commission of offence punishable under Sec. 471 Penal Code and Sec. 14 of Foreigners Act. He was sentenced to undergo SI for one year under Sec. 471 Penal Code and SI for one year with fine Rs. 1,000.00 under Sec. 14 of Foreigners Act; default sentence being SI for three months. Both the sentences were to operate concurrently.

(3.) Crl.A.No.8250/2016 filed by the petitioner to challenge the conviction recorded by the Trial Court resulted in its dismissal.