MOHD YASIN KHAN Vs. STATE

JUDGEMENT

(1.) THE applicant Mohd, Yasin Khan has been convicted Under Section 14 of the Foreigners Act read with Rule 6 of the Indian Passport Rules, 1950 and sentenced to undergo imprisonment for 15 months' R. I. The order has been confirmed in Cr. Appeal No. 71 of 1973 by the Sessions Judge of Ghazipur by his order dated 26-7-1973.

(2.) THE prosecution case is that the applicant is a foreigner and having en- tered India vide Pakistani Passport No 518168 dated 10-9-1969 and Indian Visa No. 113093 Clause (c) dated 24-12-1969 overstayed in India without a valid permit. He entered the Indian territory on 8-11970 via check-post Hardaspur and returned back to Pakistan on 22-21970. He again entered the Indian territory on 20-5-1970 without any travel document and he was prosecuted by the G. R. P. Siliguri Under Section 3 (2) of the I. P. Act and on 22-5-1970 he was sentenced to undergo R. I. for rive days. After being released from the jail on 26-51970, he was pushed back to Pakistan but on 27-5-1970 he re-entered Indian territory once again unlawfully and began to live surreptitiously at Bahuara. On 28-7-1970 he was arrested near Dildarnagar railway station. The first information report was then lodged against him. Investigation followed and after completing the investigation, he was charge-sheeted giving rise to tha present case.

(3.) THE applicant pleaded not guilty, He claimed to be an Indian citizen. He examined Abdul Hai Khan in defence. He also filed a sale deed dated 16-1-1957.