JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Learned Single Judge of the Rajasthan High Court, Jaipur Bench, upholding the conviction of the appellant for offence punishable under Section 3 read with Section 14 of the Foreigners Act, 1946 (in short the ‘Act’) and sentence to five years rigorous imprisonment with fine of Rs.25,000/- with default stipulation. 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 accused Smt. Sunita alias Sonu alias Nagma convicted and sentenced 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 :

SHO Vidhadhar Nagar, Jaipur acting upon the information 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 R/o Village Aakedadugar is a Pakistani resident who is living in India illegally. Thereafter at