J.M.L.SINHA, J. - (1.) THIS appeal arises out of the judgment and order dated 4th of December, 1968, passed by Additional District Magistrate, Aligarh acquitting the respondent of the offence under para 7 (2) of the Foreigners' Order, 1948 read with Section 14 of the Foreigners' Act.
(2.) THE prosecution case shortly stated is as follows: - Ahsan Ali, respondent, is a national of Pakistan. On 13th of May 1968 at about 3 P. M. Sri Satya Prakash Saxena (P. W. 1) Sub -Inspector, Aligarh, arrested him from Mohalla Jaiganj and it then transpired that he came to India from Pakistan on 19th July, 1953 on a Pakistani Passport No. 124896 dated 8.7.1953 and Indian Visa No. 32093 dated 11th July, 1953 which Was valid upto 10th of October, 1953. The respondent got the visa extended upto 10th of December, 1953. He did not however, so back to Pakistan within the extended period of the visa nor did he get any residential permit prepared till the date of his arrest. He was, therefore, sent up for prosecution under Section 14 of the Foreigners' Act. The respondent in his statement in the Trial Court admitted that he came to India on 19th July, 1953 under Pakistani Passport No. 124896 dated 8th July, 1953 and Indian Visa No. 32093 dated 11th July, 1953, which was valid upto 10th of October, 1953. He further pleaded that he did not remember whether he got the period of the visa extended upto 10th of December, 1953. He, however, admitted that he did not go to Pakistan thereafter nor did he get any residential permit prepared in his name. He admitted that he was arrested by the police on 13th May, 1968, from Mohalla Jiaganj, Aligarh. During his examination under Section 342, Criminal Procedure Code he added that he had gone to Pakistan in 1950 when he was 17 years of age and that he returned to India in 1953. He denied that he was a Pakistani national.
(3.) THE prosecution in order to prove its case examined Sri Satya Prakash Saxena, Sub Inspector (P. W. 1), Babu Singh, Head Constable (P. W. 2), Don Lal, Constable (P. W. 3) and Sri Krishna Kumar Tyagi, Sub Inspector (P. W. 4), who investigated the case.;