PATAI RABIDAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. S. Khataniar, learned Amicus Curiae appearing on behalf of the appellant. Also heard Mr. K. Bhaishya, learned Additional Public Prosecutor for the State respondent.

(2.) This present jail appeal is preferred by the appellant namely Smti Patai Rabidas against the impugned order dtd. 22/2/2021 passed by the learned Judicial Magistrate First Class, Dibrugarh, in connection with Chabua Police Station, Non FIR Case No. 01/2020 [GR case No. 30/2020], registered under Rule 6(a) of the Passport (Entry into India) Rules, 1950, wherein, she was sentenced to undergo Simple Imprisonment for 3(three) years.

(3.) The brief facts of the case is that; the appellant was found moving suspiciously at Pulunga village under Chabua Police Station and later she was arrested on suspicion and upon being interrogated she revealed that she is a resident of Belghata Gaon, under Pulbari Police Station, Sub-Division Rangpur, Bangladesh and she herself admitted that she entered India illegally without any valid passport. Accordingly, Non FIR case was registered under Rule 6(a) of the Passport (Entry into India) Rules, 1950 against the appellant and she was remanded to jail hazot. Thereafter, the case was fixed for framing of charge on 22/2/2021, where, the accused/appellant admitted her guilt that she is a resident of Belghata Gaon, under Pulbari Police Station, Sub-Division Rangpur, Bangladesh and she had entered India illegally without any valid passport. On the basis of her admission only, the order of conviction was passed on the day of consideration of charge and accordingly, she was convicted under Rule 6(a) of the Passport (Entry into India) Rules, 1950 on the ground of entering Indian Territory illegally.