BHOORA KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the appellate judgment dated 9.11.94 passed by the learned Sessions Judge, Jaisalmer, whereby he upheld the conviction of the petitioner under Sec. 14 of the Foreigners Act, 1946 and sentence of five years simple imprisonment and a fine of Rs. 100.

(2.) It is not necessary to state the facts of the case in detail as Mr. Khatri, the learned Amicus Curiae, frankly concedes that he cannot assail the conviction of the petitioner. He points out that the petitioner had confessed his guilt when the charge was read over to him. His only submission is that the petitioner has already suffered imprisonment for four years & seven and a half months and this period may be considered sufficient sentence.

(3.) Having gone through the record of the case, I find that the petitioner has confessed his guilt that he is a Pak national and had entered the Country without passport. He has, therefore, rightly been convicted by the trial Court. The petitioner has undergone more than four and half years imprisonment. Taking all the facts and circumstances into consideration, this sentence is considered sufficient for the offence.