SUNIL KUMAR GARG - (1.) This appeal has been filed by the State of Rajasthan against the judgment and order dated 17-11-94 passed by the learned Civil Judge (Junior Division)-cum-Judicial Magistrate, Ist Class, Jaisalmer in Criminal Case No. 291/93 by which the learned Magistrate acquitted by accused-respondent Sharif of the offence under Rule 3/6 of the Passport (Entry into India) Rules, 1950 (hereinafter referred to as the Rules of 1950).
(2.) This appeal arises in the following circumstances : i) The case of the prosecution is that on 13-9-89 P.W.1 Bhagwan Singh while he was on patrolling duty at Gunjangarh Indo-Pak Border, at about 3 p.m. near Pillar Nos. 750 and 758/1 accused-respondent Sharif crossed the above pillars and came to India. He was caught red-handed by P.W.1 Bhagwan Singh and his party and thus he illegally entered the Indian territory and he was not having a valid Passport. Thus, he committed offence under Rule 3/6 of the Rules of 1950.
(3.) After usual investigation, challan was filed in the Court. The learned Magistrate read over the contents of offences under Rule 3/6 of the Rules of 1950 on 25-6-90 to the accused-respondent Sharif who denied the same and claimed trial.;