Joymalya Bagchi - (1.) The appeal is directed against the judgment and order dated 27th September/29th September, 2016 passed by the learned Additional Sessions Judge, Tehatta, Nadia in Sessions Case No. 11 (1) 2015 [Sessions Trial No. 1 (03) 2015] convicting the appellants for commission of offence punishable under Section 14A(b) of the Foreigners Act and convicting appellant no.1 namely, Belayet @ Belal Hossain for commission of offence punishable under Section 471 IPC and sentencing them to suffer rigorous imprisonment for eight years and to pay fine of Rs.10,000/- each, in default, to suffer rigorous imprisonment for six months more for the offence punishable under Section 14A(b) of the Foreigners Act and sentencing appellant no.1 namely, Belayet @ Belal Hossain to suffer rigorous imprisonment for eight years and to pay fine of Rs.10,000/-, in default, to suffer rigorous imprisonment for six months more for the offence punishable under Section 471 IPC; both the sentences shall run concurrently.
(2.) The prosecution case as alleged against the appellants is to the effect that on 10th October, 2014 at about 09:55 hrs. Jayanta Chakraborty, IC, Tehatta Police Station (PW5) received source information that one Bangladeshi national was residing in a rented house at Palashipara under Tehatta Police Station. After recording the said information as GDE No.429 dated 10th October, 2014 and upon intimation to the Sub-Divisional Police Officer, Tehatta, he along with other police personnel left the police station to work out the information. He reached Palashipara at 10:45 hrs. and met the appellants namely, Belayet @ Belal Hossain, s/o. Late Amir Hossain of 12 No. Uttar Jatrabari, P.S. Jatrabari, P.O. & Dist. Dhaka, Bangladesh and Reshma Hossain @ Pakhi, w/o. Belayet @ Belal Hossain of the selfsame address with a minor child named Rejuyan Hossain. Upon interrogation both of them confessed that they were Bangladeshi nationals and were residing at Palashipara for more than six months in the house of Kanaklata Biswas (PW6). They failed to produce any valid passport and visa with regard to their entering Indian territory. Accordingly, they were arrested under Foreigners Act and case being Tehatta Police Station Case No. 720 of 2014 dated 10th October, 2014 under Section 14(b) of the Foreigners Act was registered for investigation. In conclusion of investigation, charge-sheet was filed against the appellants under Section 14A(b) of the Foreigners Act and subsequently, supplementary charge- sheet was also filed under Sections 468/471 of the Indian Penal Code. The case being a sessions triable one was committed to the court of sessions and transferred to the Court of the learned Additional Sessions Judge, Tehatta, Nadia for trial and disposal. Charges were framed under Section 14A(b) of the Foreigners Act against both the appellants while charges under Sections 467/468/471 IPC were framed against appellant no.1 namely, Belayet @ Belal Hossain. The appellants pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 11 witnesses and exhibited a number of documents. In conclusion of trial, the trial Judge by the impugned judgement and order dated 27th September/29th September, 2016 convicted and sentenced the appellants, as aforesaid.
(3.) Mr. Sekhar Kumar Basu, learned senior advocate appearing for the appellants submitted that the prosecution has not been able to prove that the appellants were foreign nationals. There is nothing on record to show that appellant no.1 namely, Belayet @ Belal Hossain had knowingly used forged documents. Hence, the appeal is liable to be allowed.;