STATE OF U P Vs. MOHAMMAD YASIN

JUDGEMENT

(1.) THIS is an appeal against an order of acquittal passed by a Magistrate, First Class, Aligarh. on the 11th of April, 1963, in a case under Section 14 of the Foreigners Act.

(2.) THE facts of the case lie in a short compass: Opposite party Mohammad Yasin entered India on the 15th of October, 1953, on the strength of a Pakistani passport dated the 2nd of October. 1953, and an Indian category C Visa dated the 7th of October. 1953 which was to remain valid up to the 6th of January, 1954. He however, continued to stay in India even beyond that period without getting the prescribed period extended in a proper manner Consequently he was arrested on the 20th of July, 1962, at about 10 a. m. in the city of Bareilly and was sent up for trial for having contravened paragraph 7 of the Foreigners Order, 1948, by his over stay and thus having made himself punishable under Section 14 of the Act.

(3.) AT the trial the opposite party pleaded not guilty to the charge. His case was that he was an Indian national having been born in India and had gone to Pakistan for a short time on account of the disturbed condition in this country. He did not, however, state as to when he had gone to Pakistan from this country. He produced two persons in support of his case both of whom have stated that he had left India in 1950.