JUDGMENT :

1. This appeal has been preferred by the appellant-Bismark Bakuba Guitermbi against the judgment and order dated 29.8.2019, passed by learned Additional Sessions Judge, Court No.3, Maharajganj, in Sessions Trial No.15 of 2019 (State vs. Bismark Bakuba Guitermbi) arising out of Case Crime No.11 of 2018 under Sections 419, 420 IPC read with Section 14-A of the Foreigners Act, 1946 (hereinafterreferredtoas'theAct,1946'), in which the appellant has been awarded four years rigorous imprisonment with fine of Rs.10,000/-, six months rigorous imprisonment under Section 14-A of the Act, 1946, and the appellant was acquitted under Sections 419 and 420 IPC.

2. The brief facts of the case are that complainant-Tej Pratap Maurya (ACIO-II/Ex) posted in Immigration Office, Sonauli, District-Maharajganj, submitted a report at Police Station-Sonauli that on 13.1.2018, he was posted there with Vipin Kumar Singh. They were on night duty. In the morning at about 5:00a.m., one foreign national-Bismark Bakuba Guitermbi S/o Francosis Guitermbi R/o 67-ST Benoit Eglise, Bangui, Petevo, Central Africa, reported in the office for going to Nepal from India. At the time of checking his Passport and Vis