FATMA Vs. STATE OF U.P

JUDGEMENT

(1.) Sri Gyanendra Prakash Srivastava, learned Amicus curiae for the appellant and Sri Saghir Ahmad, learned AGA for the State.

(2.) This criminal appeal has been preferred by the appellant Smt. Fatma against the judgment and order dated 23.11.2011 passed by Additional District and Sessions Judge/T-Court No. 1, Ghaziabad in S.T. No. 1329 of 2010, State vs. Fatma connected with S.T. No. 1/11, State vs. Mohd. Salim by which the appellant has been convicted and sentenced to three years rigorous imprisonment and a fine of Rs. 5000/-and in default of payment of fine three months additional imprisonment under section 14 of the Foreigners Act and three months imprisonment under Section 3/12 Passport Act. Both the sentences were directed to run concurrently.

(3.) Briefly stated the facts of this case are that PW-1 Sitaram Rohile gave a written complaint at P.S. Loni, District Ghaziabad on 09.10.2009 at about 11:55 a.m. stating therein that while PW-1 S.I. LIU Sitaram Rohile along with PW-2 Constable Tejveer Singh were going to Mohalla Nasbandi Colony, Qasba Loni, he received a secret information from police informer that two Bangladeshi nationals one female and one male were standing in front of Shiv temple. Believing the information tendered by the police informer to the PW-1 to be true, he after walking few paces noticed that one male and one female were standing standing on the road in front of Shiv temple. When PW-1 and PW-2 quizzed them the lady disclosed that her name was Smt. Fatma wife of Rahim while the male disclosed his name as Mohd. Salim son of late Mohd. Aziz. Both of them stated that their permanent address was village and P.S. Moral Gauz, District Bagrahat, Bangladesh. They were living surreptitiously in Nasbandi Colony, Loni for the last 15 years. When the two Bangladeshi nationals were required to produce their passports and visas, they failed to furnish any valid document and reiterated that they had come from Bangladesh and were living in India surreptitiously. Smt. Fatma further told PW-1 that her husband had been arrested by Delhi police and deported to Bangladesh and she had gone to Delhi to meet him. Both the accused were informed that had committed offences under section 14 of the Foreigners Act and Section 3/12 of the Passport Act. On the basis of the written report Ext.Ka-1 two cases, namely, case Crime No. 1786 of 2009 and 1787 of 2009, State vs. Smt. Fatma and State vs. Mohd. Salim respectively were registered at P.S. Loni, check FIR, Ext.Ka-5, relevant G.D.entry vide Rapat No. 23 at 11.55 hours were prepared by PW-6 Constable Satendra Singh. The matter was investigated by PW-5 S.I. Braj Lal Bhargava who during the course of the investigation recorded the statements of the witnesses under Section 161 Cr.P.C., 1973 inspected the place of incident and prepared its site plan Ext.Ka-2 and after completing the investigation submitted two separate charge sheets against the appellant Smt. Fatma, Rahim and accused Salim under Section 3/12 of the Passport Act and section 14 of the Foreigners Act before the C.J.M., Noida. Since the offences mentioned in the charge sheet were triable exclusively by the Court of Sessions, C.J.M., Noida committed the case for trial of the accused to the Sessions Judge, Noida, where it was registered as S.T.No. 1349 of 2010 and connected with S.T. No. 1/11 (State vs. Mohd. Salim). Both the sessions trial were made over for trial to the court of Additional District and Sessions Judge/T Court No.-1, Ghaziabad where both the Sessions Trial were connected as they arose from the same incident. S.T. No. 1349 of 2010 was made the leading case.