ILIYASHU AKNI LATEEF Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal jail revision has been directed against the judgment and order of the Sessions Judge, Champawat dated 20.6.2009 whereby the criminal appeal no.5 of 2009, preferred by Iliyashu Akni Lateef was dismissed and the order and judgment passed by the learned C.J.M. Champawat dated 2.12.2008 was sustained.

(2.) Put briefly, the facts are that accused/revisionist Iliyashu Akni Lateef while making the attempt to leave India to Nepal through the border check post located at Banbasa, District Champawat, was checked. It was found that he did not have his own passport or the valid Visa to reside in India. The passport, which was recovered from him, belonged to some COLLINS DUBE (as the name was mentioned on the passport). The security personnel, while noticing that the face of the revisionist was not resembling to the photo pasted on the passport, further checked him and interrogated, when the fact revealed that the Visa in possession of him was also forged one. So after lodging the FIR, he was booked for violation of the Foreigners Act as well as for impersonating himself under the relevant Sections of the I.P.C.

(3.) The chargesheet was submitted and the charge of Section 14 of the Foreigners Act, 1946, besides the charge of Sections 419 and 471 IPC was levelled against him. He was tried by the C.J.M. and after the conclusion of trial, he was acquitted for the offence u/s 471 IPC while for the offence of Section 14 of the Foreigners Act, he was convicted and sentenced to undergo five years R.I. nay Rs.1.00 lacs fine, in default of fine he was ordered to further undergo one year s R.I. For the offence u/s 419 IPC, he was sentenced to undergo one year s additional imprisonment.