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2013 DIGILAW 1603 (DEL)

Alfred George v. State NCT of Delhi

2013-08-26

S.P.GARG

body2013
JUDGMENT S.P. Garg, J. 1. Alfred George (the appellant) impugns a judgment dated 20.07.2011 in Sessions Case No. 123/2009 arising out of FIR No. 194/2008 registered at Police Station Sarojini Nagar by which he was convicted for committing offences punishable under Section 420/471 IPC and Section 14Foreigners Act. By an order dated 23.07.2011, he was sentenced to undergo RI for five years with fine Rs. 5,000/- under Section 420 IPC; RI for two years with fine of Rs.2,000/- under Section 471 IPC and RI for three years with fine Rs. 5,000/- under Section 14 Foreigners Act. All the sentenced were ordered to run consecutively in respect of the offences proved against him. Allegations against the appellant were that on 12.05.2008 at about 05.00 P.M. at main road opposite House No. 183-A, Arjun Nagar, Safdarjung Enclave he with his associate (since absconding) committed murder of one Peter Eke. On 01.06.2008 he got recovered different passports and other documents which were used by him in various departments for traveling and stayed in India without valid visa. Further allegations against him were that on 03.08.2005 he arrived in India on the basis of Passport No. A299323A having visa No. L426809 dated 01.07.2005 and then departed from India via Sonauli Check Post on 05.05.2008 on the basis of a forged Congolese Passport No. C0544102 impersonating as Bazinga, Olenga, Collins. It is further alleged that on 09.05.2008 he dishonestly used the forged Congolese Passport No. C0544102 in the name of Bazinga, Olenga, Collins at Sonauli Chect Post to arrive in India and impersonated himself as Bazinga, Olenga, Collins and cheated the immigration authorities. On 05.05.2005 and 09.05.2008, he forged the Congolese Passport No. C0544102 and Indian visa in the name of Bazinga, Olenga, Collins intending to use it at Sonauli Check Post to depart and to arrive in India. On 05.05.2005 and 09.05.2008 he dishonestly and fraudulently used forged Congolese Passport No. C0544102 and visa in the name of Bazinga, Olenga, Collins as genuine knowing or having reasons to believe it to be forged Passport and visa. 2. After completion of investigation, a charge-sheet was submitted against the appellant for committing offences under Section 302/34 IPC,419/420/468/471 IPC and 14 Foreigners Act. The prosecution examined 29 witnesses to prove the charges. In his 313 statement the appellant pleaded false implication. 2. After completion of investigation, a charge-sheet was submitted against the appellant for committing offences under Section 302/34 IPC,419/420/468/471 IPC and 14 Foreigners Act. The prosecution examined 29 witnesses to prove the charges. In his 313 statement the appellant pleaded false implication. On appreciating the evidence and after considering the rival consideration of the parties, the Trial Court by the impugned judgment held the appellant guilty for the offence mentioned previously and sentenced him accordingly. Being aggrieved, the appellant has preferred the appeal. It is relevant to note that State did not challenge acquittal of the appellant under Section 302 IPC. 3. During the course of arguments, on instructions, appellant's counsel stated at Bar that the appellant has opted not to challenge his conviction under Section 420/471 IPC and 14 Foreigners Act and accepts it voluntarily. He, however, prayed to take lenient view as the appellant has already undergone more than five years in custody in this case and is not a previous convict. 4. Since the appellant has voluntarily opted not to challenge the findings of the Trial Court on conviction under Section 420/471 IPC and 14Foreigners Act and there is overwhelming evidence to establish these offences, his conviction for these offences is affirmed. 5. The sentences awarded to the appellant for various offences proved against him were ordered to run 'consecutively'. Appellant's prayer is that the sentences be ordered to run 'concurrently'. I find merit in the appellant's submission. Nominal Roll dated 27.02.2013 reveals that he has already undergone four years, eight months and twenty four days incarceration as on 27.02.2013. He also earned remission for seven months and ten days. He is not a previous convict and is not involved in any other criminal case. His overall jail conduct is satisfactory. He is a foreigner national. During his stay in India, he was not found indulged in any criminal activity. He was charge-sheeted for committing a serious offence under Section 302 IPC but the prosecution could not establish the charge and he was acquitted by the Trial Court. The custody period has increased to more than five years. The appellant was tried for all these offences before Sessions Court as he was charged under Section 302 IPC. All these offences pertain to the use of forged and fabricated Passport and visa to travel to and fro India and are part of the same transaction. The custody period has increased to more than five years. The appellant was tried for all these offences before Sessions Court as he was charged under Section 302 IPC. All these offences pertain to the use of forged and fabricated Passport and visa to travel to and fro India and are part of the same transaction. Under Section 482, this court has powers to direct the sentences to run 'concurrently'. This Court in Rajesh @ Raju Vs. State (NCT of Delhi) 2013 (201) DLT 103, exercised the powers under Section 482 Cr.P.C. in Crl.A. No. 517/2010 and ordered the sentences to run concurrently. 6. Considering the facts and circumstances of the case the quantum of punishment awarded to the appellant for various offences are permitted to run 'concurrently'. The sentence order is modified to that extent. Other terms and conditions of the sentence order are left undisturbed. The appeal & Crl. M.A. No. 10514/2013 stand disposed of in the above terms.