- (1.) This criminal revision has been filed by the revisionist Dante Farinello Cardoso, a foreign national (Brazilian) against the judgment and order dated 10.12.2015 passed by the Additional Sessions Judge/FTC, Maharajganj in criminal appeal no. 61 of 2015 whereby the judgment and order dated 28.8.2015 passed by the Chief Judicial Magistrate, Maharajganj in criminal case no. 4680 of 2014, arising out of case crime no. 897 of 2014, P.S. Sonauli, District Maharajganj convicting and sentencing the revisionist for the offences under Sections 420, 467, 468 and 471 IPC and Section 14 of the Foreigners Act, 1946 has been affirmed.
(2.) Brief facts of the case are that a First Information Report was lodged on 11.9.2014 at 8.15 hours at P.S. Sonauli, District Maharajganj on the basis of a written report submitted by Jitendra Kumar, Junior Immigration Officer, Check-Post Sonauli, District Maharajganj making averments that on 11.9.2014 when he was clearing the passengers at the check-post Sonnauli, the revisionist came at the counter and showed Passport bearing no. YB111530 issued by the Brazilian Embassy on 7.10.2013. On enquiry made by the informant about the documents submitted by the revisionist, double entry was found at page 6 of the Passport and at page 7 an entry dated 29.5.2014 for arrival at Mumbai was also found. The documents were sent for verification at New Delhi and thereafter on verification, the VISA as well as the arrival entry both were found forged. During interrogation, the revisionist also admitted possession of one more Passport bearing no. CX414712 issued on 27.2.2008 from the Passport Office, Brazil. This Passport was valid upto 26.2.2013. Old Passport and the VISA No. AD794919 dated 10.9.2008 issued from Bangkok was valid upto 9.3.2009 and on that basis the revisionist had entered into the territory of India through Kolkata Air-Port on 14.9.2008 and thereafter he went to Varanasi and stayed there for about six months and again he moved for Gujarat and was living there continuously. After expiry of the aforesaid period, the revisionist moved for Nepal and obtained Second Single Tourist India VISA No. AG850432 issued on 22.7.2007 and the same was valid upto 22.10.2009 and on the basis of this document, the revisionist again entered within the territory of India through check-post Sonauli on 30.7.2009 and stayed at different places within the territory of India and was earning his livelihood by doing different type of works. It also revealed during investigation that he married with one lady belonging to Gujarat to change tourist VISA in X-category. It also appears that on 14.6.2010, the VISA was converted into X-category and the revisionist stayed at different places on the basis of changed VISA. On expiry of the period of old Passport, the revisionist obtained fresh / new Passport dated 7.10.2013 from Brazilian Embassy and posted stamp of forged VISA and entry and on that basis he reached at check-post Sonauli where he was interrogated and stopped. Thus, the FIR was lodged on the basis that the revisionist being a foreign national stayed in India after expiry of the VISA period on the basis of forged VISA and entries made thereon. On the basis of FIR, G.D. Entry was made and matter was investigated and charge-sheet filed. The revisionist was tried by the court having jurisdiction in the matter. The trial court vide the aforesaid order dated 28.8.2015 convicted and sentenced the applicant. Against the said order, the revisionist preferred criminal appeal, which was also dismissed, hence this criminal revision.
(3.) Heard Shri G.S. Chaturvedi, learned Senior Counsel assisted by Shri Shishir Tandon, learned counsel for the revisionist and the learned AGA appearing for the State.;