AKHIRUJJAMAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appeal has been preferred against a Judgment and Order dtd. 25/1/2017 and 27/1/2017 passed by the Learned Sessions Judge, Cooch-Behar in Sessions Trial No. 5(2)2016 (corresponding to Sessions Case No. 8 of 2016), convicting thereby Asraf Mia and Kamal Matubbar for commission of offence punishable under Sec. 14A of Foreigners Act and sentencing them to suffer Rigorous Imprisonment for 2(two) years and to pay a fine of Rs.10,000.00 (Rupees ten thousand) i.d. Simple Imprisonment for six months more for the offence under Sec. 14A of Foreigners Act and further sentencing the appellant (Akhirujjamal @ Akhirujjaman @ Afrul Doctor) to suffer Rigorous Imprisonment for 2(two) years and to pay a fine of Rs.10,000.00 (Rupees ten thousand) i.d. to suffer Simple Imprisonment for six months for the offence under Sec. 14C of Foreigners Act.

(2.) The present appellant along with two others namely, Asraf Mia and Kamal Matubbar were put on trial before the Learned Sessions Judge, Cooch-Behar in connection with Sessions Trial No. 5(2)2016 wherein charge was framed against the present appellant under Sec. 14C of Foreigners Act. The Session Trial had at its genesis on a First Information Report lodged by one S.I. Soumitra Sarkar (examined as PW-1 at the time of trial) on 17/10/2014 under Sec. 14A/14C of Foreigners Act subsequently added Ss. 379/406/420 of the Indian Penal Code.

(3.) The prosecution case is as follows:-