KHET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Notice of this revision petition has been given to the Public Prosecutor and arguments have been heard.

(2.) The learned Sessions Judge affirmed the conviction of the accused petitioner u/s 14 of the Foreigners Act to six months rigorous imprisonment and u/s 6 of the Passport entry into India, Rules to three months rigorous imprisonment, in default of payment of fine under each of the count which was Rs. 100.00 it was ordered that the accused shall suffer 15 days more imprisonment.

(3.) It is alleged that the accused was seen entering India from Pakistan at India Pakistan Border on May 15, 1975. He was apprehended by the part of The Border Security Force which was camped there. It was given out that the accused was Rajput by caste and belonged to Refugee camp Huron-ka-tala. More than 20 bushirts and a wrist watch were recovered from his possession. The accused was prosecuted. The plea of the accused was that he had not entered in India from Pakistan but he was residing in the refugee camp, Huron-ka-tala. He refused to hand over the wrist watch to Major Sher Singh and that is why he was falsely implicated. In fact he was asked to alight from the bus and was arrested. The accused did not examine any witness in this defence. The learned Magistrate convicted and sentenced accused as aforesaid and appeal under section 6 of the Passport Act was modified and the rest was upheld.