Convictions confirmed; however, the appellate court modified sentences exceeding statutory limits in accordance with sentencing standards under the Information Technology Act and IPC.

JUDGMENT :

G.BASAVARAJA, J.

The appellant/accused No.1 has preferred this appeal against the judgment of conviction and order on sentence dated 30.12.2024 passed by the II Additional District and Sessions Judge, Tumakuru, in SC No.56/2022.

2. For the sake of convenience, the parties herein are referred to as to their rank as before the trial Court.

3. The brief facts leading to this appeal are that the Circle Inspector of Police, C.E.N. (Cyber, Economic, Narcotics) Police, Tumakuru submitted the charge sheet against accused Nos.1 and 2 for the offence punishable under Sections 66 (c) and 66(d) of the Information Technology Act, 2000 and Sections 419 , 420, 465, 468, 471 r/w Section 34 of IPC and Section 14A and 14B of the Foreigners Act, 1946.

4. It is alleged by the prosecution that accused Nos.1 and 2 who are hailing from Uganda and Kenya having common intention, on 31.10.2020 had installed a skimming device — an electronic record to one ATM machine at Bheemasandra, Tumakuru Town and collected the data of consumers who were doing their transactions in the said ATM till 01.11.2020 and further, by utilizing the illegally collected data, had fraudulently made use of data available with respect to ATM card details and its unique identification features belonging to the complainant herein Dr.Tilakaram. Further accused Nos.1 and 2 in order to cheat, had created a false ATM card bearing No.4013752009304893 of bank account No.20092610000973 of Syndicate Bank, Siddhartha Nagara Branch, Tumakuru, belonging to the complainant and on 22.11.2020 had went to ATM booth of Department of Posts, Jalahalli, Bengaluru, made use of the said ATM card and drawn a sum of Rs. 25,000/- in three transactions between 11.12 a.m. and 11.14 a.m. On the same day, in furtherance of their said common intention, they had further used the fake identity card of Srirama College of Commerce as genuine. Apart from the above, both accused being foreign national, had entered into and stayed in India without any valid documents required for such entry. Thus, accused Nos.1 and 2 had committed offences punishable under Section 66 (c) and (d) of the Information Technology Act, 2000, Sections 419 , 420, 465, 468, 471 r/w Section 34 of IPC and Sections 14A and 14B of the Foreigners Act, 1946.

5. After filing the charge sheet, the learned III Additional Senior Civil Judge and JMFC, Tumakuru, took cognizance of all the offences and case was registered in CC No.21/2021. The Assistant Public Prosecutor filed application under Section 323 of Cr.P.C. before the learned Magistrate to commit the case to the Sessions Court. Since the offence under Sections 14 , 14A and 14B of the Foreigners Act, 1946 is punishable with minimum imprisonment of 2 years which may extend for 8 years along with fine may be extended to Rs. 50,000/-, the learned Magistrate, vide separate detailed order dated 24.02.2022, had allowed the application under of Cr.P.C., thereby holding that as per Schedule-II of Cr.P.C., it lacks jurisdiction to try the case on hand, as the period of imprisonment under the provisions of Section 14A of the Foreigners Act is more than 7 years and by taking recourse under of Cr.P.C, the case was committed to the Court of Sessions and case was registered in SC No. 56/2022 and accused Nos.1 and 2 are in judicial custody from the date of their arrest i.e., on 07.12.2020.

6. On hearing the arguments of both sides, the trial Court has framed the charges against the accused for the offence punishable under Sections 66 and 66(c) of the Information Technology Act, 2000, Sections 468 , 471 r/w 34 of IPC and Section 14A and 14B of the Foreigners Act, 1946. The same was read ov