KALAM ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Das, learned counsel for the appellant and also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

(2.) This appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment and order dtd. 3/6/2023, passed by the learned Sessions Judge, Dhubri, in Sessions Case No.52/2021. It is to be noted here that vide impugned judgment and order dtd. 03/6/2023, the learned Court below has convicted the appellant under Sec. 14-A(b) of the Foreigners Act, 1946 and sentenced him to suffer rigorous imprisonment for 3 years and also to pay a fine of Rs.10,000.00 with default stipulation and also convicted him under Sec. 489C IPC and sentenced him to suffer rigorous imprisonment for 2 years and also to pay a fine of Rs.5,000.00 with default stipulation and further directed that sentence on both count shall run concurrently.

(3.) The background facts, leading to filing of the present criminal appeal, are briefly stated as under:-