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2014 Supreme(MP) 175
MADHYA PRADESH HIGH COURT
S.K. Gangele and G.D. Saxena, JJ.
Abbas Ali Khan v. State of M.P.
Criminal Appeal No.484 of 2008 (Gwalior) : against the judgment of Sixth Additional Sessions Judge, Gwalior, passed in Sessions Trial No.145 of 2006; Decided on 10.3.2014.
G.M. Soni and S.K. Soni for appellant;
Pramod Pachori, Public Prosecutor for respondent/State.
Headnote:(1) Penal Code, 1860 -- Ss.416, 419, 420 r/w S.120B, 467 r/w S.120B and 471 r/w S.120B -- Official Secrets Act, 1923 -- Ss.3(1)(a)(b)(c), 9 and 13 -- Foreigners Act, 1946 -- Ss.3, 5 and 14 -- accused lived in India on fictitious name even after expiry of his valid stay -- involved in illegal activities -- worked as spy for Pakistan -- certainly detrimental to defence and safety of nation -- his conviction and sentence justified.
Held : On the basis of the deposition of the above witnesses and exhibited and proved documents mentioned above, the prosecution successfully proved that the accused-appellant Abbas Ali Khan a national of Pakistan after expiry of his valid stay in India on fictitious name and identity was living in the house of Barkhoo Dhobi at Daliawala Mohalla Nai Sadak and he was involved in illegal activities and as spy was working for ISI agency of enemy country which was certainly detrimental to the defence and safety of the Nation. (2008)6 SCC 772 and (2013)8 SCC 601 followed.
(2) Penal Code, 1860 -- Ss.463, 467 and 471 -- culprit of forgery used such forged document -- can equally be punished along with punishment of forgery for using the same. [Para 35
¼1½ naM lafgrk] 1860 & /kkjk 416] 419] 420 lgifBr /kkjk 120[k] 467 lgifBr /kkjk 120[k rFkk 471 lgifBr /kkjk 120[k & ‘kkldh; xqIr ckr vf/kfu;e] 1923 & /kkjk 3¼1½¼d½¼[k½¼x½] 9 rFkk 13 fonsf’k;ksa fo”k;d vf/kfu;e] 1946 & /kkjk 3] 5 rFkk 14 & vfHk;qDr viuk fof/kekU; fuokl lekIr gksus ds i’pkr~ Hkh dfYir uke ls Hkkjr esa jgk & voS/k xfrfof/k;ksa esa fyIr & ikfdLrku ds fy, tklwl ds :i esa dke fd;k & fuf’pr :i ls jk”Vª dh j{kk rFkk lqj{kk ds fy, ?kkrd & mldh nks”kflf) rFkk naMkns’k U;k;laxrA
vfHkfu/kkZfjr % iwoksZDr lkf{k;ksa ds vfHklk{; rFkk iwoksZfYyf[kr iznf’kZr rFkk lkfcr nLrkostksa ds vk/kkj ij] vfHk;kstu i{k us lQyrkiwoZd ;g lkfcr fd;k fd ikfdLrku dk ukxfjd vfHk;qDr&vihykFkhZ vCckl vyh [kku Hkkjr esa viuk fof/kekU; fuokl lekIr gksus ds i’pkr~ Mfy;kokyk eksgYyk ubZ lM+d esa cj[kw /kksch ds ?kj dfYir uke ls jg jgk Fkk rFkk og voS/k xfrfof/k;ksa esa fyIr Fkk rFkk ‘k=q ns’k ds vkb ,l vkb vfHkdj.k ds fy, tklwl ds :i esa dk;Z dj jgk Fkk tks fuf’pr :i ls jk”Vª dh j{kk rFkk lqj{kk ds fy, ?kkrd FkkA ¼2008½6 ,l lh lh 772 rFkk ¼2013½8 ,l lh lh 601 vuqlfjrA
¼2½ naM lafgrk] 1860 & /kkjk 463] 467 rFkk 471 & dwVjpuk ds vijk/kh us ml dwVjfpr nLrkost dk mi;ksx fd;k & dwVjpuk ds naM ds lkFk mldk iz;ksx djus ds fy, leku :i ls nafMr fd;k tk ldrk gSA
¼iSjk 35½
Saxena, J. -- 1. This appeal under section 374(2) of the Code of Criminal Procedure 1973 preferred by the appellant/accused is directed against a judgment dated 28th May 2008 rendered in Sessions Trial No.145/06 by the Sixth Additional Sessions Judge, Gwalior, convicting and sentencing the accused for commission of offences punishable under section 419 of IPC for three year’s RI, under ection 420 read with 120B of IPC for five year’s RI, under section 467 read with 120B of IPC for 10 year’s RI, under section 471 read with 120B of CPC for 2 year’s RI, as well as under sections 3(1)(a) (b)(c) and 9 of the Official Secrets Act 1923 for 14 year’s RI, and lastly under section 14 of the Foreigners Act for five year’s RI.
2. The prosecution version, in short, for deciding this appeal is that the appellant-accused was a resident of Satellite Town Colony, Police Station City, District Rahim-yar-khan, Punjab (Pakistan) having valid Passport No.K224602 dated 22nd May 2001 issued by Pakistan entered in India under valid Visa No.P391103 dated 26th April 2005 till dated 26th August 2005 through Wagha Out Post India. After entering India, Residential Permit (Under Para 7 of the Foreigners Order 1948) was issued. He had to deport India on or before 26th August 2005. It is alleged that after expiry of said period of valid stay, the accused-appellant did not return back to Pakistan through same way and by hiding himself he visited various places in India. Lastly, he resided in Gwalior using fake name as Madho Singh, son of Ved Prakash and by making forged mark-sheet of examination with regard to Educational Institute, he obtained the driving licence in his above fake name. He also obtained the Rashan card. He resided using the aforesaid fake name in the house of Barkhoo Dhobi. Being the spy of country Pakisthan, he drew certain pictures of prohibited Defence Organizations of Gwalior and also transmitted them to Pakistan. On reliable information of informer and under direction and permission from higher officers, Town Inspector A.R. Sharma of Police Station Inderganj, Gwalior along with other superior officers and police force conducted raid in the house of Barkhoo Dhobi at Daliyawala Mohalla, Nai Sarak Gwalior and accused-appellant was arrested on the spot. Thereafter on enquiry, the Investigating Officer searched the part of the house where the accused Abbas Ali Khan was residing. The incriminating articles as per seizure memos were seized. After arrest and seizure, the FIR was lodged against accused Abbas Ali. The investigation was set into motion. During investigation, the search was done in presence of accused Abbas Ali Khan of the house of Mohammad Shahid at Nazeer Buland Sahar U.P. On search, the passport and visa papers were seized. A confidential map of Defence Organization and other papers were seized from residence of accused Abbas Ali Khan. Forged mark-sheet, driving licence and Rashan Card issued in the fake name of Madho Singh son of Ved Prakash which were used by the accused Abbas Ali Khan were also seized. After getting permission for prosecution of accused Abbas Ali Khan, the charge-sheet was filed before the competent Criminal Court. On sessions trial, after recording evidence of the prosecution evidence as well as defence, the learned trial Judge convicted and sentenced the accused-appellant for the alleged offences as mentioned above, hence, this appeal.
3. The contentions put forth on behalf of the accused-appellant are that the appellant who is Pakistani national entered in the month of July 2005 in India by railway through Bagha International Post under valid permission to travel in India on passport and visa which was for a prescribed period. It is submitted by the learned counsel that the allegation against the appellant is only that much that after expiry of his valid period of stay, he continued his living in India and did not return back to his country. It is contended that he is an honest person without any cri
