THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE NO.333 OF 2025

ORDER:

This criminal revision case is filed under Sections

438 and 442 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, aggrieved by the judgment dated 19.03.2025 passed in Crl.A.No.7 of 2025 by the learned Principal Sessions Judge, Ranga Reddy District, wherein and whereby the conviction and sentences imposed upon the revision petitioners / Accused Nos.1 to 3 to suffer rigorous imprisonment for five years and also to pay a fine of Rs.10,000/- each for the offence punishable under Section 14-A of Foreigners Act in S.C.No.450 of 2022 by the learned IV Additional Assistant Sessions Judge, Ranga Reddy District at L.B.Nagar, dated

14.08.2024, was confirmed.

2. Heard Sri P.Vamseedhar Reddy, learned counsel for the revision petitioners, and Mr.M.Vivekanand Reddy, the learned Assistant Public Prosecutor representing the respondent-State, and perused the record.

3. The factual matrix that led to the filing of the present revision is that the ASI of police, Balapur police station, filed a complaint stating that while on perambulation, he and his colleagues found accused Nos.1 to 4 and minors moving in suspicious circumstances, and when they were detained and questioned, they stated that they had entered into India without proper documents from Myanmar through Bangladesh. Therefore, he brought them to the police station and based on his report, Ex.P.2-FIR was registered. P.W.3 took up further investigation and filed a charge sheet against the petitioners herein and other accused stating that they had entered into India without any proper documents and permission, and further, by trafficking the minors.

The accused were charged under Sections 370 (b) IPC, and 14-A and Section 5 r/w Section 14-A of the Foreigners Act.

4. In order to bring home the guilt of the accused, the prosecution examined P.Ws.1 to 3 and marked Exs.P.1 and P.2. On behalf of the accused, D.Ws.1 and 2 were examined and Exs.D.1 to D.4 were marked.

5. By judgment dated 14.08.2024, while acquitting all the accused for the offence under Section 370 (b) IPC, the learned trial Court found the accused Nos.1 to 4 guilty of the offence under section 14-A of Foreigners Act, 1946.

6. Aggrieved, the petitioners – accused Nos.1 to 3 preferred Criminal Appeal No.7 of 2025 before the learned Principal Sessions Judge, Ranga Reddy District. The learned appellate court, by judgment dated 19.03.2025, dismissed the said criminal appeal, confirming the conviction and sentence imposed on the petitioners /accused Nos.1 to 3 by the learned trial Court in S.C.No.450 of 2022 for the offence under Section 14-A of the Foreigners Act, 1946. As stated supra, aggrieved by the judgment of the appellate court, dated 19.03.2025, the petitioners preferred the present criminal revision case.

7. The learned counsel for the petitioners submitted that P.W.3 categorically stated that there is no scene of offence in this case and he has personally not collected any details with regard to the accused illegally entering into India by crossing the West Bengal boarder, boarding train at Howrah railway station, and coming to Balapur with the help of A.4. It is his submission that in spite of the said categorical statement, the trial court, as well as the appellate court convicted the petitioners for the offence under Section 14 of the Foreigners Act, 1946. It is his further submission that though the burden of proof lies on the prosecution to prove the guilt of the accused beyond reasonable doubt, the Courts below have fixed the liability on the petitioners to establish their innocence; therefore, the sentence is unjustified in the given facts and circumstances of the case. The findings arrived at by the Courts below are not based on any evidence, much less legally admissible evidence. The conviction and sentence are based solely on the alleged admission of D.Ws.1 and 2 that they had entered into India without any valid documents or permission