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2014 Supreme(MP) 175

S.K.GANGELE, G.D.SAXENA
Abbas Ali Khan – Appellant
Versus
State of M. P. – Respondent


Advocates:
G.M. Soni and S.K. Soni for appellant;
Pramod Pachori, Public Prosecutor for respondent/State.

JUDGMENT

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





















































































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