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2014 Supreme(AP) 246
HIGH COURT OF ANDHRA PRADESH
U. DURGA PRASAD RAO, J.
Abu Salem Abdul Qayoom Ansari @ Abdul Salem
Versus
State of Andhra Pradesh, Rep. by its Special P.P. for CBI
Criminal Appeal No. 1062 of 2013
Decided On : 20-02-2014
For the Petitioners:S. Pradeep Kumar, S. Pasbola, Advocates.
For the Respondent: P. Kesava Rao, Special Standing Counsel for CBI.
Offence u/s 468 I.P.C. is not a lesser offence because punishment provided for that offences is seven years and also fine.
Headnote:Code of Criminal Procedure, 1973-Section 374-Appeal preferred by appellant/Accused No. 1 against the order and judgment passed by Addl. Special Judge for CBI cases for the offence u/ss 120B, 419, 120B r/w 420, 468 and 471 I.P.C.-Allegation of obtaining Passports by furnishing false documents-In the instant case trial of appellant/A1 for the offence u/s 468 IPC is not legally valid-Conviction awarded for the said offence liable to be set aside-Held, while affirming the conviction and sentence passed by trial court for offence u/ss 120B, 420, 419 and 471 I.P.C. sentence passed u/s 468 set aside.
(B) Criminal Trial-"Lesser Offence"-Means an offence which is made out from the proved facts and provides lesser punishment, as compared to the offence for which the fugitive has been extradited.
Result-Appeal partly allowed.
1. This Criminal Appeal is preferred by accused No.1—Abu Salem Qayoom Ansari @ Abu Salem against the judgment dated 18-11-2013 in C.C.No.3 of 2006 passed by III Additional Special Judge for CBI cases, Hyderabad, whereunder the learned Judge convicted him for the offences under Sections 120B, 419, 120B r/w 420, 468 and 471 IPC but acquitted him of the charge under Section 12(1) of Passport Act, 1967 and sentenced:
(i) to suffer RI for a period of seven years and pay fine of Rs.1,000/- and in default SI for three months for the charge u/s.120B;
(ii) to suffer RI for a period of one year for the charge u/s.419 IPC;
(iii) to suffer RI for a period of seven years and pay fine of Rs.1,000/- and in default SI for three months for the charge u/s.120B r/w 420 IPC.
(iv) to suffer RI for a period of one year and pay fine of Rs.1,000/- and in default SI for three months for the charge u/s.468 IPC;
(v) to suffer RI for a period of one year for the charge u/s.471 IPC
All the substantive sentences were directed to run concurrently.
2. The facts which led to file this appeal can be stated thus:
The Inspector of CBI/SPE, Hyderabad laid charge sheet in RC.No.34(A)/2002, CBI, Hyderabad against altogether 10 accused before the trial Court in which Abu Salem Qayoom Ansari @ Abu Salem (A1); Sameera Jumari @ Neha Asif Jafari (A2); Monica Bedi @ Sana Malik Kamal (A3); Chamundi Abdul Hameed (A6); Faizan Hameed Sultan (A10) were shown as absconders. The charge sheet was taken on file in C.C.No.3/2005 and NBWs. were issued against A1, A2, A6 and A10. Later it appears that A3, A5, A7 and A8 were tried by the learned Special Judge for CBI cases, Hyderabad and sentenced which was upheld by the High Court and the Supreme Court. So far as A1 is concerned, the case against him was split up from main case—C.C.No.3/2005 and numbered as CC.No.3/2006 and tried with which we are concerned now.
3. The prosecution case is thus:
a) A1 to A3 with the assumed names as stated supra, obtained passports from Regional Passport Office (RPO), Secunderabad during the year 2001 by furnishing false documents with the connivance of A4—G.Srinivas, passport clerk, (D2 Section) in the office of Superintendent of Police, Kurnool District, Kurnool; A5—Shaik Abdul Sattar, Head Constable, Special Branch, Kurnool; A6—Abdul Hameed, unauthorised passport agent of Kurnool. On source information, the Inspector, CBI, Hyderabad registered a case and issued FIR on 20-09-2002. On the same facts another case was registered in I Town Police Station, Kurnool on 21-09-2002 in Cr.No.103/2002 against A4 to A7 for the offences under Sections 417, 420, 120B IPC and Section 12 of Passport Act, 1967 and later on 23-10-2002 the case was transferred to CBI, Hyderabad.
b) More vividly, A10—Faizan Hameed Sultan owner of M/s.Faizan Enterprises, Mumbai was involved in recruiting people for jobs abroad. He gave 10 passport sized photographs of A1 to A3 and their fake names and documents to A9—Noorullah Abdul Khaleeq and asked him to obtain three passports for A1 to A3 from Kurnool. A9 has relatives in Kurnool. He visited Kurnool in March, 2001 and entrusted the work of securing passports for A1 to A3 to one A6— Ch.Abdul Hameed, an unauthorised passport agent.
c) The further case of the prosecution is that at the instance of A6, A7—Mohammed Younus, Mandal Revenue Inspector of MRO Office, Kurnool issued false residential certificates in the assumed names of A1 to A3 (vide Ex.P11—certified copy of residential certificate of A1). Further, A6 procured fake transfer certificate purported to have been issued by the Head Master, ZPP High School, Pedapadu, Kurnool District in the name of A1 (vide Ex.P17—certified copy of transfer certificate of A1), and two fake marks sheets in the names of A2 and A3 purported to have been issued by the Head Master, Hanuman Higher Elementary School as a proof of their dates of birth. Later, it was revealed that transfer certificate was not issued by ZPP High School to A
