NAJU HUMANYUN MULLA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals can be conveniently decided by this common judgment, as the appellants in both the appeal have been convicted in one and the same case i.e. Session Case No. 97 of 2014 decided by the Additional Sessions Judge, Thane. In the peculiar facts and circumstances of the case, the appellants were directed to be produced before the Court at the time of hearing of the appeals. Accordingly, the appellants have been produced and I have heard them.

(2.) The appellants were accused of having committed offence punishable under section 14A of the Foreigners Act, 1946 and the offence punishable under Rule 6 of the Passport (Entry into India) Rules, 1950, as also of having committed an offence punishable under Section 224 of the Indian Penal Code. The learned Judge held that a case in respect of an offence punishable under Section 224 of the Indian Penal Code was not made out, and did not frame any charge with respect to the said offence.

(3.) The appellants pleaded guilty to the charge of offence punishable under Section 14A of the Foreigners Act, 1946 and an offence punishable under Rule 6 read with Rule 3 A of the Passport (Entry into India) Rules, 1950. The learned Additional Sessions Judge accepted the plea of guilty and sentenced each of them to suffer Simple Imprisonment for two years and to pay a fine of Rs. 10,000/-, in default to suffer Simple Imprisonment for three months.