ALFRED GEORGE Vs. STATE NCT OF DELHI
LAWS(DLH)-2013-8-176
HIGH COURT OF DELHI
Decided on August 26,2013

Alfred George Appellant
VERSUS
STATE NCT OF DELHI Respondents

JUDGEMENT

- (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 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.
(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.


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