Delhi High Court
Alfred George vs State Nct Of Delhi on 26 August, 2013
Author: S. P. Garg
* IN THE HIGH COURT OF DELHI AT NEW DELHI
DECIDED ON : 26th August, 2013
+ CRL.A. 1161/2011 & Crl.M.A.No.10514/2013
ALFRED GEORGE ..... Appellant
Through : Mr.Pramod Kumar Dubey with
Mr.A.K.Sahu and Mr.Nitin Saluja,
Advocates.
VERSUS
STATE NCT OF DELHI ..... Respondent
Through : Mr.M.N.Dudeja, APP for the State.
CORAM:
MR. JUSTICE S.P.GARG
S.P.GARG, J. (ORAL)
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
14 Foreigners Act. By an order dated 23.07.2011, he was sentenced to
undergo RI for five years with fine `5,000/- under Section 420 IPC; RI for
two years with fine of `2,000/- under Section 471 IPC and RI for three
years with fine `5,000/- under Section 14 Foreigners Act. All the
sentenced were ordered to run consecutively in respect of the offences
proved against him.
2. 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 travelling 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.
3. 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.
4. 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.
5. Since the appellant has voluntarily opted not to challenge the
findings of the Trial Court on conviction under Section 420/471 IPC and
14 Foreigners Act and there is overwhelming evidence to establish these
offences, his conviction for these offences is affirmed.
6. 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. 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.
7. 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.
8. The appeal & Crl.M.A.No.10514/2013 stand disposed of in
the above terms.
(S.P.GARG)
JUDGE
AUGUST 26, 2013
sa
