LexHABIB IBRAHIM versus STATE OF RAJASTHAN
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A B [2008J 9 s:c.R. 1178 HABIB IBRAHIM v. STATE OF RAJASTHAN (Criminal Appeal No. 994 of 2008) JUNE 13, 2008 [DR. ARIJIT PASAYAT AND P.P. NAOLEKAR, JJ.] Foreigners Act, 1946: Ss 3 and 14: Sentencing - Arrest of a Pakistani resident for living in C India illegally - FIR - Investigation - Trial Court found the accused guilty of committing the offence punishable ulss. 3 and 14 of 1946 Act and sentenced him to undergo imprison- ment for five years - Affirmed by High Court - Reduction in sentence - Held: Accused possessed no valid document to D stay in India - Hence, there is no scope for interference with the judgment of the High Court. Appellant, a resident of Pakistan, was arrested by the police allegedly for living in India illegally. An FIR was E registered against him and after completing the investi- gation, charge sheet was filed by the police. The Chief Judicial Magistrate found him guilty of committing the offences punishable u/s. 3 r/w 5.14 of the Foreigners Act, 1946 and sentenced him to undergo rigorous imprison- ment for 5 years. Conviction and sentence of the appel- F lant was upheld by the High Court. Hence, the present appeal. Appellant contended that since he has already suf- fered custody for more than four years and six months, G the sentence may be reduced. H Dismissing the appeal, the Court HELD: It was rightly noted by the Courts below that the appellant had been issued a transit visa that too for 1178 HABIB IBRAHIM v. STATE OF RAJASTHAN 1179 [DR. ARIJIT PASAYAT, J.] ~ Nepal for a period of six months. There was no valid docu- A ment in possession of the appellant to stay in India. There- fore, 5.3 read with 5.14 of the Act have been rightly applied. Hence, the conviction cannot be faulted. So far as the sen- tence is concerned, considering the large number of infil- trators come to India without valid document, there is need B for imposing stricter sentence. The reasons given by the " appellant to justify his presence in India have hardly any substance. Appellant's feeble plea that he did not know that he is required to be in possession of valid document is with- out substance. Otherwise, he would not have obtained any c transit visa for Nepal. Hence, there is no scope for interfer- ence in the appeal. (Paras - 7 and 8) [1184-E-H, 1185-A] CRIMINALAPPELLATE JURISDICTION: Criminal Appeal No. 994 of 2008 From the final Judgment and Order dated 21.11.2007 of D the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur in Crl. Revision No. 1201 of 2006 Dinesh Kumar Garg, Abhishek Garg, B.S. Billowria ;md D.K. Gupta for the Appellant. E Naveen Kumar Singh and Aruneshwar Kumar Gupta for the Respondents. The Judgment of the Court was delivered by ~ Dr. ARIJIT PASAYAT, J. 1. Leave granted. F 2. Challenge in this appeal is to the judgment of a Learned Single Judge of the Rajasthan High Court, Jaipur Bench, up- holding the conviction of the appellant for offence punishable under Section 3 read with Section 14 of the Foreigners Act, G 1946 (in short the 'Act') and sentence to five years rigorous imprisonment with fine of Rs.25,000/- with default stipulation. y Two other persons faced trial alongwith the appellant for offences punishable under Section 13 read with Section 14 of the Act. While co-accused Bagwan Sahai Sain acquitted, the other ac- H 1180 SUPREME COURT REPORTS [2008] 9 S.C.R. A cused Sm!. Sunita alias Sonu alias Nagma convicted and sen- tenced to undergo simple imprisonment for three years and to pay fine of Rs.5,000/- with default stipulation. 3. Background facts in a nutshell are as follows: B SHO Vidhadhar Nagar, Jaipur acting upon the informa- tion of informant on 13.1.2004, the then SHO Richpal Singh alongwith Superintendent of Police reached at Vidhyadhar Nagar bus stand No. 15 and verified the information given that the persons accompanying with Bhagwan Sahai Sain Rio Vil- e !age Aakedadugar is a Pakistani resident who is living in India illegally. Thereafter at about 8.15 am he reached at Bus stand No. 1t alongwith two witnesses. He found one person with Bhagwan Sahai. Upon inquiry, he told his name to be Habib Ibrahim, son of Ibrahim Rahamtullah R/o Gali No. 3 Mullah Allah 0 Dadlen Gobol Road, Liyari, Karachi, Pakistan. The documents authorizing stay in India were demanded from Habib Ibrahim and he was asked the reasons for coming to India. He did not give any satisfactory answer. On the basis of
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