YAR MOHAMMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment dated July 2 1981 of the learned Sessions Judge, Jodhpur, under which the learned Judge dismissed the appeal preferred by the accused petitioner before him against his conviction and sentence under section 14 of the Foreigners Act, 1946 (for short the Act).

(2.) A patrol party of the Border Security Force, consisting of Bhagatram P.W. 1, Hariram P.W. 2, Jogaram P.W. 3, Ramphool P.W. 4 and Gulab Singh P.W. 5 had gone to border area B.P. 486 on June 1, 1979 at about 6.30 a.m. At about 11.00 a. m. it was noticed that there were some foot prints of a person having entered India from Pakistan. There was tracker with them and the footprints were followed by the patrol party and at a distance of about 20 or 22 kilometres from the border inside India, it was noticed that the accused was going. The accused was apprehended and he was produced before the Company Commander who lodged report Ex. P.1 in police station Nokh, Tehsil Pakaran, District Jaisalmer. The accused was tried by the learned Magistrate for an offence under section 14 of the Act and after trial, convicted and sentenced him to undergo two years rigorous imprisonment and a fine of Rs. 500 or in default to further suffer one month's simple imprisonment. His appeal too was dismissed by the learned Sessions Judge.

(3.) The contention of the learned Advocate is that the accused did not commit any offence under section 14 of the Act and from the charge which was read over to the accused, it appears that only an offence under Rule 3 read with Rule 6 (a) of the Passport (Entry into India) Rules, 1950 (for short, the Rules) was made out which is punishable with imprisonment upto three months only.