IMAM ILAI BUX Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment of learned AddI. Dist. and Sessions Judge No.1, Jodhpur Camp-Jaisalmer dated 16.5.1981, Whereby while main taming the conviction u/s. 14 of the Foreigners Act passed by learned Munsif and Judicial Magistrate, Pokaran dated 8.10.1980, reduced the sentence from two years to 21 months R.I. and also reduced the fine from Rs.1000/- to Rs.500/and in default of payment of fine to undergo further two months S.I. Brief facts giving rise to this petition are that on information received on 8.4.1977, Dy. S.P. Narayan Singh found the Imam Ilai Bux resident of Khanpura District Harihar who pas come from Pakistan is staying with his brother Thania without any passport. As the petitioner has confessed before him that he would be going back to Pakistan via village Hariyar. A case u/s.14 of the Foreigners Act was registered and due investigation challan was filed before learned Munsif and, Judicial Magistrate., Pokaran. Who after conclusion of the trial, convicted and sentenced him. On appeal the same was partly allowed as mentioned above. Hence this revision.

(2.) Mr. J.M. Bhandari, learned counsel for the petitioner has submitted that without determining u/s 9 of the Citizenship Act, 1955 that the petitioner had voluntarily acquired the Citizen ship of Pakistan, he cannot be convicted. He has further submitted that the alleged confessional statement made before police is not admissible in evidence in view of the provisions of Sections 25 and 26 of the Indian Evidence Act. The petitioner has filed some documents before this Court showing his name in ration card and voter list. He has submitted that the petitioner has also remained in jail for some time. He has placed reliance on State v. Korban Khan1, State of Gujarat v. Yakub Ibrahim2 and Khalil Ahmad v. State of U.P.3

(3.) Mr. V.S. Choudhary, learned Public Prosecutor has submitted that as the petitioner has not discharged the burden that he is not a Pakistani, the courts below have rightly come to the conclusion on the basis of his statement