BISMARK BAKUBA GUITERMBI Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred by the appellant-Bismark Bakuba Guitermbi against the judgment and order dated 29.8.2019, passed by learned Additional Sessions Judge, Court No.3, Maharajganj, in Sessions Trial No.15 of 2019 (State vs. Bismark Bakuba Guitermbi) arising out of Case Crime No.11 of 2018 under Sections 419, 420 IPC read with Section 14-A of the Foreigners Act, 1946 (herein after referred to as 'the Act, 1946'), in which the appellant has been awarded four years rigorous imprisonment with fine of Rs.10,000/-, six months rigorous imprisonment under Section 14-A of the Act, 1946, and the appellant was acquitted under Sections 419 and 420 IPC.

(2.) The brief facts of the case are that complainant-Tej Pratap Maurya (ACIO-II/Ex) posted in Immigration Office, Sonauli, District-Maharajganj, submitted a report at Police Station-Sonauli that on 13.1.2018, he was posted there with Vipin Kumar Singh. They were on night duty. In the morning at about 5:00a.m., one foreign national-Bismark Bakuba Guitermbi S/o Francosis Guitermbi R/o 67-ST Benoit Eglise, Bangui, Petevo, Central Africa, reported in the office for going to Nepal from India. At the time of checking his Passport and Visa, it was found that there was stamp affixed on Visa dated 9.12.2017 showing his arrival at Indira Gandhi International Airport, New Delhi. When the concerned authority at Airport, New Delhi was contacted to confirm his arrival, it was informed through letter No.290/RAF/A dated 13th January, 2018, and returned letter No.27/Misc/SNL/18 dated 13.1.2018 that in his UCF data, there was no record available for his arrival/departure and the stamp affixed on passport was fake. Hence, the foreign national-appellant was handed over at Police Station-Sonauli.

(3.) On the basis of above report of Immigration Office, Case Crime No.11 of 2018 was registered against the appellant under Sections 419, 420 IPC and Section 14 of the Act, 1946. Charge was framed by trial court under Sections 419, 420 IPC and Section 14-A of the Act, 1946. Learned trial court acquitted the appellant under Sections 419 and 420 IPC and convicted him under Section 14-A of the Foreigners Act and awarded sentence of four years RI and Rs.10,000/- fine and six months imprisonment in default of fine. Hence, this appeal.