Bangalore District Court
State By vs Suresh Kannan Palani Swamy on 9 April, 2015
IN THE COURT OF THE X ADDL.C.M.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 9th day of April 2015
PRESENT: Sri.ARJUN.S.MALLUR,
B.A.L., LL.B.,
X Addl. Chief Metropolitan Magistrate,
Bengaluru City.
C.C.No.22501/2008
Complainant - State by, Police Inspector
Airport Police Station
/vs/
Accused Suresh Kannan Palani Swamy
S/o.Palani Swamy, 31 yrs. No.1/61,
Middle Road, Konkankulam,
Alalankulam Post, Shivakashi Taluk,
Viruddanagar Dist. Tamil Nadu.
JUDGMENT
1. The P.I of Airport police station have filed this chargesheet against the accused for the offence punishable u/S.419 of IPC.
2. It is alleged by the prosecution that on 25/5/2007 the accused was sent back from United States of America on the ground he was found traveling on a Visa obtained on the basis of fraudulent and fake documents falsely contending that accused was working at Holland Line Corporation by producing fake documents to that effect and thereby committed the alleged offences.
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3. After taking the accused to custody CW.1 the Immigration Officer has lodged the complaint which has been registered against the accused in Cr.No.99/2007 and FIR was submitted to the court. Accused was taken to custody and all relevant documents have been seized from his possession. The documents pertaining to deportation of accused found traveling under a Visa by producing fake documents were collected and after recording statement of witnesses chargesheet has been filed against the accused for the alleged offence.
4. Cognizance of offence was taken and summons was issued to the accused. Accused has appeared before the court through his counsel and has been released on bail. Copies of chargesheet were furnished to accused u/S.207 of Cr.P.C. After hearing, charge was framed against the accused for the alleged offence and accused has pleaded not guilty and claimed to be tried.
5. The prosecution in support of its case has examined 4 witnesses as PWs.1 to 4 and got marked 6 documents as Exs.P1 to P6. Statement of the accused u/S.313 of Cr.P.C. was recorded and the accused denied the circumstances incriminating him in the prosecution evidence.
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6. Heard the arguments of Sr.APP appearing for the state and the counsel for accused and perused the records.
7. The points for consideration is:
1. Whether the prosecution proves beyond doubt that on 25/5/2007 at Chennai International Airport the accused was found having deported from the United States of America after have been found having obtained Visa by producing fake documents falsely contending that he was working with Holland Line Corporation and thereby committed the alleged offences?
2. What order?
8. My answer on the above points:
Point No.1 - Negative, Point No.2 - As per final order, for the following;
REASONS
9. POINT NO.1:
The prosecution in support of its case has examined 4 witnesses. PW.1 Some Gowda, PW.2 Nagaraju and PW.3 Chennappa Kembogi are the then Police Inspectors and Police Constable working with the Immigration Department of the Old Airport at Bengaluru.
They have deposed that on 28/5/2007 the accused was deported from USA under an Air France Flight and the flight officials produced the 4 CC No.22501/2008 accused before PW.2 along with 11 documents. Thereafter PW.2 recorded the voluntary statement of accused as per Ex.P1 and after taking possession of all documents has produced him before PW.1.
PW.1 after receiving the documents and accused, conducted a mahazar and seized the documents and filed a report as per Exs.P13 and along with his report, mahazar at Ex.P14 and the documents at Exs.P2 to 12 sent the accused to be produced before Old Airport police station for further proceedings. PW.3 has deposed having produced the accused along with documents, mahazar and report of PW.1 before the I.O.
10. PW.4 Neelappa Iter is the I.O. who has deposed that on the basis of the report of PW.1 he registered the case and sent FIR to the court and thereafter he recorded the statement of witnesses and after collecting the letter by Consulate General USA, Mumbai has per Ex.P16 he submitted chargesheet to the court.
11. In the case on hand the specific allegation of the prosecution is that accused who had traveled to USA on a work Visa was found to have obtained Visa by producing fake documents showing him to be working in Holland Line Corporation of USA and thereafter Immigration Authorities at USA have deported the accused canceling 5 CC No.22501/2008 his Visa and sent him back to India and on arriving at Chennai, the flight officials have brought him to Bengaluru and produced him before the Immigration Authority at Bengaluru International Airport. The specific charge is that he had obtained USA Visa on the basis of certain fraudulent documents. The prosecution has to prove that the documents which accused produced to be employed in Holland Line Corporation of USA is fake and fraudulent document, acting upon which Visa has been issued by concerned Embassy. The I.O. has charged the accused for the offence punishable u/S.419 of IPC. Section 419 of IPC deals with cheated by way of impersonation. The provisions of Section 419 of IPC would be attracted when one person claiming himself to be another person knowing fully well that he is not the other person cheats a third party making him to believe that he is the other person. Therefore, in the case on hand the provisions of Section 419 of IPC would be applicable only when accused had falsely impersonated himself as another person and thereafter obtained Visa by fraudulent means. On the other hand the charge against the accused is that he has obtained Visa falsely telling that he works with Holland Line Corporation at USA and produced a fake appointment letter. The prosecution in the course of its evidence has got marked 6 CC No.22501/2008 16 documents among them Exs.P2 to P12 were the documents which were handed over to PW.1 by flight officials along with the accused. Ex.P2 is the document which is issued by US Immigration authorities after having found accused guilty of traveling under a Visa obtained by fraudulent means. Ex.P3 is the copy of the Passport of the accused. Ex.P4 is the Journey letter. Exs.P5 and 6 are the deportation letter. Ex.P7 is letter to American Consulate General Mumbai. Ex.P8 is the copy of the appointment letter issued by Holland America Line Resources to the American Consulate General in Mumbai. Exs.P9 to 12 are the boarding pass and air tickets with the possession of accused. Among these documents Ex.P8 is the material document. It is alleged that accused had obtained Visa by fraudulent means. Ex.P8 is the letter issued by Holland American Line Company addressed to American Consulate General Mumbai dated 4/4/2007 wherein it is mentioned the accused has been employed as Hotel Petty Officer since 26/5/2007 at Holland American Line company. Ex.P8 does not in any manner disclose that the document produced by accused for obtaining Visa is fraudulent document. It is also not the case of the prosecution that Ex.P8 is a fake and fraudulent document. What were the documents which were produced by accused for obtaining Visa is 7 CC No.22501/2008 not tendered in evidence. Similarly there is no material to show that documents which were given for obtaining Visa were fake and fraudulent documents. The I.O. during the course of investigation has produced the letter issued by Consulate General of the USA, Mumbai dated 15/2/2008 which is marked as Ex.P16 in which Consulate office has clearly disclosed that when once Visa issued they do not retrieve any document given by Applicant. Therefore, it is amply clear that at the time of filing chargesheet, the relevant document upon which Visa has been obtained purported to be fake and fraudulent document is not at all produced before the court. Therefore, the entire prosecution case falls to the ground as the material document are not tendered in evidence. Even in the course of trial, the prosecution has not made any attempt either to summon the officials of Consulate General, Mumbai in order to ascertain those documents can be tendered in evidence or not or any steps taken by prosecution to summon those fraudulent and fabricated documents. The evidence of PWs.1 to 4 is in respect of proceedings conducted against the accused after having been deported from the United States of America. The offence u/S.419 of IPC would have been attracted against accused had prosecution produced documents which disclose the accused by 8 CC No.22501/2008 producing them obtained Visa by fraudulent means. In the result, absolutely there being no evidence impersonating any person or obtained Visa by fraudulent means, it cannot be said that prosecution has been able to prove the alleged offence alleged against the accused beyond reasonable doubt. Accordingly, I answer Point No.1 in the Negative.
12. POINT NO.2:
For the afore said reasons, I pass the following;
ORDER U/s 248(1) of Cr.P.C. the accused is acquitted of the alleged offence punishable u/S.419 of IPC. Bail bond of accused stands cancelled and he is set at liberty. Dictated to the Steno, transcribed by him, same was corrected by me and then pronounced in open court on this the 9th day of April 2015).
(ARJUN.S.MALLUR)
X A.C.M.M., BENGALURU
9 CC No.22501/2008
ANNEXURE
LIST OF WITNESSES EXAMINED
Prosecution Defence
PW.1 Some Gowda Nil
PW.2 Nagaraju.
PW.3 Chennappa Kembogi.
PW.4 Neelappa Iter.
Exhibits Marked
Ex.P1 Statement of PW.2.
Ex.P1(a)Signature of PW.2.
Ex.P2 Form File No.BOSA 07 05000527-0982
36480 dt.25/5/2007.
Ex.P3 Indian Passport No.GI 918894 (Copy) Ex.P4 Single Journey letter by US customs and Border Protection.
Ex.P5 Withdrawal of application for admission/ Cordular Notification.
Ex.P6 US Dept. of Justice - Notice and Order Ex.P7 Xerox copy of US Visa No. 2007107952005.
Ex.P8 Copy of letter given by Holland America Line Human Resources, Europe Ex.P9 Original counter file of Boarding Card S4 Ex.P10 Original counter file of Boarding Card No.136 Ex.P11 Original Boarding Card SEQ/11 Ex.P12 Envelope Cover Ex.P13 Report Ex.P13(b)Signature of PW.4 Ex.P14 Mahazar.
Ex.P14(a)Signature of PW.1.
Ex.P15 FIR Ex.P15(a)Signature of PW.4.
Ex.P16 Report from Consulate General USA Mumbai.
Material Objects got marked Nil X A.C.M.M., Bengaluru.10 CC No.22501/2008