Bangalore District Court
Bengaluru City vs With Malafide Intention. Pw5 Ramdas Is ... on 3 February, 2023
1 C.C.No.13946/2021
Digitally signed by
VEEDAMOORTHY
VEEDAMOORTHY BS
BS SADANANDABHAT
KABC030401452021 SADANANDABHAT BOLLAJE
BOLLAJE
Date: 2023.02.03
17:58:38 +0530
Presented on : 01-07-2021
Registered on : 01-07-2021
Decided on : 03-02-2023
Duration : 1 years, 7 months, 2 days
IN THE COURT OF THE II ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU CITY
Dated this 3rd day of February 2023
PRESENT : SRI.VEDAMOORTHY B.S. B.A.(L), LL.B.
II Additional Chief Metropolitan Magistrate, Bengaluru City
JUDGMENT UNDER SECTION 355 OF Cr.P.C.
1.Sl. No. of the case C.C.No.13946/2021 Date of commission of the From 19.01.2013 to
2.
offence (As per F.I.R.) 12.02.2020
Siddapura Police Station,
3. Name of the complainant
Bengaluru City
Aamid Ilham,
W/o Hafeez Syed Akram,
Aged about 46 years,
R/at No.26/1, 3rd Main,
4. Name of the accused
Someshwara Nagara,
Jayanagara 1st Block,
Bengaluru City- 560011.
2 C.C.No.13946/2021
Section 14 of Foreigners Act
The offences complained
5. and Section 420 of the Indian
of
Penal Code
6. Plea of the accused Pleaded not guilty
7. Final order Accused is acquitted
8. Date of order 03.02.2023
The Police Inspector of Siddapura Police Station, Bengaluru City has filed Police Report against the above named accused alleging that she has committed the offences punishable under Section 14 of Foreigners Act and Section 420 of the Indian Penal Code.
2. The Prosecution case in brief is that in the year 2008, the accused married Syed Hafeez Akram at Moracco Country and from 2009, she is residing with him at House No.26/1, 3rd Main, Someshwara Nagar, Jayanagara 1st Block, Bengaluru within the territorial jurisdiction of Siddapura Police Station, Bengaluru City. Since then, the accused concealing the fact that she is the cotizen of Moracco Country, with an intention to cheat, gave falise information and obtained Indian Election Commission Identity Card. Thereby, the accused has committed the offences punishable 3 C.C.No.13946/2021 under Section 14 of Foreigners Act and Section 420 of the Indian Penal Code.
3. Based on the First Information of CW1, the crime was registered in Crime No.27/2020 at Siddapura Police Station. On completion of the investigation, the Police Inspector, Siddapura Police Station, Bengaluru City filed Police Report against the accused alleging that she has committed the offences punishable under Section 14 of Foreigners Act and Section 420 of the Indian Penal Code. After taking cognizance of the said offences, the process was issued to the accused. She has appeared before this Court and enlarged on bail. The copies of the Police Report and other prosecution papers are furnished to the accused persons under section 207 of Cr.P.C. After hearing, since there were grounds for presuming that accused has committed offences triable by this court, charges for the offences punishable under Section 14 of Foreigners Act and Section 420 of the Indian Penal Code have been framed and read over to her in the language known to her. She has pleaded not guilty and claims to be tried. 4 C.C.No.13946/2021
4. To prove the charges framed against the accused, the prosecution has produced the oral evidences of PW1 to Ex.P9 and the documentary evidences in Ex.P1 to Ex.P14. After completion of the prosecution evidences, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidences of the prosecution against her, examined the accused under Section 313 of Cr.P.C. She has submitted that she has no defense evidence. Heard the arguments of learned Senior Assistant Public Prosecutor and the learned counsel for the accused. Perused the materials available on record.
5. The points for determination are;
1. Whether prosecution has proved the offences charged against the accused for the offences punishable under Section 14 of Foreigners Act and Section 420 of the Indian Penal Code beyond reasonable doubt?
2. What order or sentence?
5 C.C.No.13946/2021
6. My answers to the above points are as follows:
Point No.1 : In the Negative,
Point No.2 : As per final order for the following;
REASONS
7. POINT No.1 :- In order to prove the charges leveled against accused, out of 11 witnesses cited in the Police Report by the Investigation Officer, the prosecution has produced the oral evidences of nine witnesses before this Court as PW1. Among them, PW1 Linganagowda is the First Informant of this case. PW7 Keshava and PW9 Saleem are the document seizer mahazar witnesses. PW2 Jamil is the witness about obtaining of Election Identity Card by the accused with malafide intention. PW5 Ramdas is the witness who gave Report. PW4 is the witness who is the witness about the fact that the accused was residing with her husband at Bengaluru. PW3 Basavaraju M., PW6 Shankarachar and PW8 Raju A. are the Investigation Officers of this case. The prosecution has also produced the documentary evidences Ex.P1 to Ex.P14. Among them, Ex.P1 is the First Information, Ex.P2 is the Police Notice, Ex.P3 is 6 C.C.No.13946/2021 the Letter issued by PW2, Ex.P4 is the First Information Report, Ex.P5 is the Witness Statement, Ex.P6 is the Letter issued by PW5, Ex.P7 is the Memo, Ex.P8 is the Letter issued by PW6, Ex.P9 is the document Seizure Mahazar, Ex.P10 is the Passport of the accused, Ex.P11 is the Certificate of Registration of Overseas Citizen of India Card Holder, Ex.P12 is the Election Identity Card, Ex.P13 is the Letter issued by PW6 and Ex.P14 is the copy of Rental Agreement.
8. During examination of accused under Section 313 of the Code of Criminal Procedure, she has denied the entire evidences of the prosecution which are incriminating against her as false. She has not produced any evidences either oral or documentary.
9. The arguments of the learned Senior Assistant Public Prosecutor are that by producing the oral evidences of PW1 to PW9 and the documentary evidences Ex.P1 to Ex.P14, the Prosecution has proved the guilt of the accused for the offences charges against her.
7 C.C.No.13946/2021
10. Per contra, the arguments of the learned Counsel for the accused are that the accused is in possession of the certificate of Overseas Citizen of India Card till her life time and therefore, the offence punishable under Section 14 of the Foreigners Act does not attract against her. PW6 and PW8 have admitted in their cross-examination that the accused had Overseas Citizen of India Card. Therefore, the accused is entitled for acquittal for the offence punishable under Section 14 of the Foreigners Act. Another allegation is about the accused obtained the Indian Election Identity Card by giving false information and thereby, she has cheated. There are no evidences either oral or documentary to prove that the accused has submitted the documents along with Form No.6 and obtained the Election Identity Card in her name. PW2 has not deposed that the accused has submitted the application to issue Identity Card. PW6 has admitted in his cross-examination that he has not secured Form No.6 and its annexed documents during investigation. Therefore, the Prosecution has not proved the guilt of the accused for the 8 C.C.No.13946/2021 offence punishable under Section 420 of the Indian Penal Code. For the above reasons, the learned Counsel for the accused prayed to acquit the accused.
11. In the light of the above rival arguments, I read the oral and documentary evidences produced by the Prosecution. Ex.P1 is the document based on which, the law was set into motion by registering the crime in Crime No.27/2020 for the offences punishable under Section 14 of the Foreigners Act and Section 420 of the Indian Penal Code. It is stated in Ex.P1 that as per the order of the Commissioner of Police, Bengaluru City bearing No.CSB/FR/PCC/07/2020 dated 27.01.2020, PW1 was deputed for enquiry by the Police Inspector of Siddapura Police Station; accordingly, PW1 went to the address of the accused bearing No.26/1, 3 rd Main, Someshwara Nagara, Jayanagara 1st Block, Bengaluru City. On enquiry, he came to know that the accused is citizen of Moracco Country; in the month of August 2008, Hafeez Syed Akram married her at Moracco Country and since 23.01.2009, she is residing in the above address. It is further 9 C.C.No.13946/2021 alleged that at the time of enquiry, the accused gave the Indian Identity Card issued by Indian Election Commission; she obtained the said Identity Card by concealing the fact that she is Moracco country citizen and prayed to take action against her.
12. It is undisputed fact that the accused is Moracco country citizen; she married Hafeez Syed Akram at Moracco country and thereafter, she came to India and residing with her husband at Someshwaranagara of Bengaluru City. PW4 has deposed the said facts in his examination-in-chief. During cross-examination of PW4, the accused has not disputed the said facts.
13. PW1 in his examination-in-chief has deposed the said facts. He has also deposed in his examination-in-chief that he has given Ex.P1. PW3 has deposed in his examination-in- chief that on 12.02.2020 at 1.05 p.m., he received the First Information from PW1 as per Ex.P1, registered the crime and forwarded the FIR to the Court as per Ex.P4. It appears from 10 C.C.No.13946/2021 the oral evidences of PW6 who conducted further investigation, deposed in his examination-in-chief that on 13.07.2020, he has seized the original passport, IOC Card and Voter's Identity Card of the accused by conducting Mahazar as per Ex.P9 in the presence of PW7 and PW9. PW7 and PW9 have deposed in their oral evidences that the Police have seized the Passport, Overseas Citizen of India Card and Voter's Identity Card at the house of the accused. The said documents seized by PW6 are marked as Ex.P10 to Ex.P12 respectively. Though, nothing has been elicited in the cross- examination of PW6, PW7 and PW9 with regard to the seizure of the said documents, it appears from the contents of Ex.P11 that the accused has obtained the certificate of Registration of Overseas Citizen of India Card for her life long. It shows that the accused has not violated the provisions of Section 14 of the Foreigners Act. PW1, PW6 and PW8 have admitted in their cross-examination that the accused has valid Overseas Citizen of India Card to live in India. Under these circumstances, the Prosecution has not proved the guilt of 11 C.C.No.13946/2021 the accused for the offence punishable under Section 14 of the Foreigners Act.
14. The next fact in issue to be considered is with regard to the Voter's Identity Card of the accused at Ex.P12. It is alleged that the accused suppressing the fact that she is the citizen of Moracco country, she has obtained the Voter's Identity Card issued by the Election Commission of India. PW1 in his examination-in-chief has deposed that the accused suppressing the fact that she is the citizen of Moracco Country, she obtained Voter Identity Card of India. It is not the evidence of PW1 that he verified the Voter Identity Card of the accused at the time of enquiry and it is Ex.P12. The said document was seized by PW6 on 13.07.2020 during investigation by conducting Mahazar. PW7 and PW9 have also deposed in their examination-in-chief that they were seized in their presence by conducting Mahazar as per Ex.P9. But, the said documents were not seized at the time of enquiry by PW1.
12 C.C.No.13946/2021
15. Though, nothing has been elicited in the cross- examination of PW1, PW6, PW7 and PW9 to disbelieve the above evidences deposed by them, it appears that to prove the fact that the accused by suppressing that she is the citizen of Moracco country has obtained the Indian Voter Identity Card issued by the Election Commission of India, the material documents are that Form No.6 and its annexed documents produced before the competent authority for issuance of the Indian Voter Identity Card. PW2 has deposed in his examination-in-chief that he has received the application in the year 2012 in Form No.6. But, he has deposed in his examination-in-chief that he does not know who filed the said application. He has also deposed that the Police have not enquired about the application given by the accused. PW6 has also deposed in his cross-examination that he has not secured Form No.6 and its annexed documents with regard to the Voter Identity Card Ex.P12. Through Ex.P3, he has only given the procedure to obtain the Voter Identity Card and nothing more. PW6 has given his evidence 13 C.C.No.13946/2021 only about the Officer who has issued Ex.P12. In the said document, it is mentioned that PW2 gave information in writing as follows:-
"ತವ ತಮಮ ಪತ ತದಲ ನಮಮದಸರರವ ಮತದರರ ಗರರರತನ ಚಚಟಯ ಸಸಖಖಖ YUZ3374980 ಯನರ ನ ಹಮಸದರರವ ಅಮಚದ ಇಲಹಮ ರವರರ ಫರಸ ಸಸಖಖಖ6 ರಮಸದಗ ತಮಮ ಪತಯ ಭರತ ಚರನವಣ ಆಯಗದ ಮತದರರ ಗರರರತನ ಚಚಟ ಹಗಮ ಕಸದಯ ಪವತಸದ ರಶಚದ ದ , ನಚಡದರ ಅದರಸತ ಮತದರರ ಪಟಟಯಲ ದ , ಆದರ ಸಚಪರಡಗಮಸಡರರತತರ" ಎಸದರ ಲಖತವಗ ತಳಸದರ ನ ಸಲಸರರವದಲಲ.
ಯವದಚ ದಖಲಗಳನರ
16. It is clear from the above contents of Ex.P6 that the accused gave Form No.6 before the said authority. But, to prove the said fact, the Prosecution has not produced the said document before the Court as an evidence. Under these circumstances, the Prosecution has not proved the fact that the accused by concealing the fact that she is a Moracco country citizen has obtained Ex.P12 from the competent authority with an intention to cheat and thereby, she has committed the offence punishable under Section 420 of the Indian Penal Code. Under these circumstances, I am holding 14 C.C.No.13946/2021 that the prosecution has not proved the guilt of accused for the offences punishable under Section 14 of Foreigners Act and Section 420 of the Indian Penal Code beyond all reasonable doubt. Hence, I answer Point No.1 in the Negative.
17. POINT No.2 :- For the reasons stated in Point No.1, the prosecution has not proved the guilt of accused for the offences punishable under Section 14 of Foreigners Act and Section 420 of the Indian Penal Code beyond all reasonable doubt. Therefore, accused is not found guilty for the aforesaid offences charged against her. In the result, I proceed to pass the following;
ORDERS
Under Section 248(1) of Cr.P.C,
accused is hereby acquitted for the
offences punishable under Section 14 of Foreigners Act and Section 420 of the Indian Penal Code.
Her bail bonds and surety bonds executed under Section 437 of Cr.P.C. will 15 C.C.No.13946/2021 be in force till appeal period and thereafter, it shall be canceled.
(Typed by the Stenographer in the Court Computer on my direct dictation, printout taken, corrected and then pronounced by me in the open court on 03.02.2023) (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.
ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Linganagowda,
PW2 : Jameel Ahmed,
PW3 : Basavaraju M,
PW4 : Syed Ashraf,
PW5 : Ramadas T,
PW6 : Shankarachar,
PW7 : Keshava,
PW8 : Raju A.
PW9 : Saleem.
Documents marked on behalf of Prosecution :-
Ex.P1 : First Information,
Ex.P1(a) & (b) : Signatures,
Ex.P2 : Police Notice,
16 C.C.No.13946/2021
Ex.P2(a) : Signature,
Ex.P3 : Letter,
Ex.P3(a) : Signature,
Ex.P4 : First Information Report,
Ex.P4(a) : Signature,
Ex.P5 : Witness Statement,
Ex.P6 : Letter,
Ex.P6(a) : Signature,
Ex.P7 : Memo,
Ex.P8 : Letter,
Ex.P8(a) : Signature,
Ex.P9 : Seizure Mahazar,
Ex.P9(a) to (c) : Signatures,
Ex.P10 : Passport,
Ex.P11 : Certificate of OCI Card Holder,
Ex.P12 : Election Identity Card,
Ex.P13 : Letter,
Ex.P14 : Copy of Rental Agreement.
Material objects marked on behalf of Prosecution :-
NIL Witnesses Examined on behalf of the accused :-
NIL 17 C.C.No.13946/2021 Documents marked on behalf of the accused :-
NIL (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.
03.02.2023 18 C.C.No.13946/2021 Judgment pronounced in open Court vide separate order.
ORDERS Under Section 248(1) of Cr.P.C, accused is hereby acquitted for the offences punishable under Section 14 of Foreigners Act and Section 420 of the Indian Penal Code.
Her bail bonds and surety bonds executed under Section 437 of Cr.P.C. will be in force till appeal period and thereafter, it shall be canceled.
(VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.