Vanamala, A.P.O vs Archana Poornima Pramanik on 18 March, 2026

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    Bangalore District Court

    Vanamala, A.P.O vs Archana Poornima Pramanik on 18 March, 2026

    KABC030281992020
                                              Digitally
                                   DEEPA      signed by
                                   VEERASWAMY DEEPA
                                              VEERASWAMY
    
    
                         Presented on : 20-06-2020
                         Registered on : 20-06-2020
                         Decided on    : 18-03-2026
                         Duration      : 5 years, 8 months, 28 days
    
    
      IN THE COURT OF THE VIII ADDITIONAL CHIEF
        JUDICIAL MAGISTRATE, BENGALURU CITY
    
               Present: Smt. Deepa.V., B.A.L. LL B.
                        VIII ACJM, Bengaluru City
    
            Date: this the 18th Day of March, 2026
    
                        C.C. No.6274/2020
                       (Crime No.235/2019)
    
    State by R.T. Nagara Police Station,
    Bengaluru.                           ... Complainant
    (Represented by Sri Vishwanath, Senior APP)
    
                              Versus
    
    Smt. Archana Poornima Pramanik,
    Aged about 36 years,
    W/o Sri. Rajashekar,
    R/at No.22, Near Yallamma
    Temple, Ganganagara,
    R.T. Nagara, Bengaluru.
     KABC030281992020                     CC No.6274/2020
    
    
    
    
    Native Place:
    Fullbari Chandonocota,
    P V Kalikair, Gazipura,
    Bangladesh.                            ... Accused
    (Rep by Sri. A.M. Iktear Uddin Adv for Accused)
    
    1. Date of commission of    22-03-2003 -
    offence                     05-11-2019
    
    2. Date of FIR              05-11-2019
    
    3. Date of Charge sheet     20-05-2020
    
    4.Name of Complainant       Smt. N.Vanamala,
                                Regional Passport Officer
    
    5. Offences complained of   U/Sec.420 of IPC
    
    6. Date of framing of       11-04-2023
    charges
    
    7.Charge                    Pleaded not guilty
    
    8. Date of commencement     13-07-2023
    of evidence
    
    9. Date of Judgment is      18-03-2026
    reserved
    
    10. Date of Judgment        18-03-2026
    
    
    
                                                      2
     KABC030281992020                       CC No.6274/2020
    
    
    
    
    11. Final Order               Accused is acquitted
    
    12. Date of sentence          -
    
                        JUDGMENT
    

    The Police Sub-Inspector of R. T. Nagara Police
    Station submitted charge sheet against accused for
    the offence punishable under Sec. 420 of IPC.

    2. Prosecution Case: The accused was a
    citizen of Bangladesh and came to India on 22-03-
    2003 for studies with passport No.R 862337 and
    studied at Seventh Day College in Ranchi,
    Jharkhand. Later, she fell in love with CW8 namely
    Sri Rajashekhar and got married on 12-04-2010 and
    got registered their marriage. Thereafter, she obtained
    Indian identity cards such as voter ID card, Aadhaar
    card, PAN card by furnishing forged SSLC fail marks
    card and also obtained Indian passport No.T 4527612
    and resided illegally in India from 15-08-2011 to 01-
    09-2018 at house No.208/1, J C Nagar Main Road,
    Bangalore City and thereby cheated the Central and
    State Governments.

    SPONSORED

    3. First Information Report: Upon the receipt
    of first information from CW1, CW13/PW7 Sri
    Hanumantharayappa, PSI of R.T. Nagara Police
    Station registered Crime No.235/2019 against
    accused for the offences punishable under Section

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    465, 471, 468 of IPC and Sec. 5, 12, 14 of Foreigners
    Act and Sec.3(1)(c) of the Citizenship of Indian Act,
    1955, prepared FIR as per Ex.P11, drawn seizure
    mahazar as per Ex.P8 from 10 a.m. to 11.30 am in
    the presence of CW2 namely Sri Manish and CW3 Sri
    Praveen.

    4. Investigation: Thereafter, he recorded the
    statements of requisite witnesses, secured the
    documents as per Ex.P12 to Ex.P27 and submitted
    charge sheet against accused for the offence
    punishable under Section 420 of IPC by dropping out
    Sec. 5, 12, 14 of Foreigners Act and Sec.3(1)(c) of the
    Citizenship of Indian Act, 1955.

    5. On receipt of charge sheet, this Court had
    taken cognizance for the offence alleged against the
    accused.

    6. The accused was enlarged on bail by the
    order dated 30-01-2020.

    7. Copies of prosecution papers as required
    U/Sec.207 of Cr.P.C have been furnished to the
    accused.

    8. Charge: After hearing learned Sr.APP and
    counsel for accused, charge for the offence
    punishable U/Sec.420 of Indian Penal Code, has

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    been framed, read over and explained to the accused
    in the language known to him, who, in turn, pleaded
    not guilty and claimed to be tried.

    9. Prosecution Evidence: The prosecution in
    order to establish its case cited 13 witnesses,
    examined 9 witnesses and exhibited 27 documents
    and closed their side. The presence of CW7 and
    CW10 could not be secured despite due execution of
    proclamation and hence they were dropped out from
    examination by the order dated 25-09-2025. During
    the time of judgment it was observed that the
    presence CW2 and CW3 were not secured however
    the presences of CW2 and 3 are spot mahazar
    witnesses and does not come in the embargo for
    proving the guilt of the accused and hence issuance
    of witness summon has been dispensed with.

    10. Statement of Accused as per section 313 of
    CrPC: After completion of evidence of prosecution,
    the accused was examined as per section 313 of
    Cr.P.C wherein she denied all incriminating evidence
    appearing in the statement of prosecution witnesses
    and led her defence evidence.

    11. Accused herself examined as DW1 and got
    marked three documents as per Ex.D1 to D3.

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    12. Heard the arguments. Perused materials on
    the record.

    13. The following point are arises for
    consideration is as follows;

    1. Whether the prosecution proved
    beyond all reasonable doubt that
    the accused being a citizen of
    Bangladesh came to India on 22-
    03-2003 for studies through
    passport No.R 862337 and studied
    at Seventh Day College in Ranchi,
    Jharkhand and thereafter got love
    marriage with CW8 namely Sri
    Rajashekar on 12-04-2010 and
    obtained voter ID card, Aadhar
    card, PAN card by furnishing
    forged SSLC marks card and
    obtained Indian passport No.T
    4527612 and resided illegally in
    India from 15-08-2011 to 01-09-
    2018 at house No.208/1, J C
    Nagar Main Road, Bangalore City
    and thereby cheated the Central
    and State Governments and
    thereby resulted in commission of
    an offence punishable under
    Section 420 of IPC?

    2. What order?

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    14. The Court’s findings on the above points are
    as under:

              Point No.1    : In the negative
              Point No.2    : As per final order
    
                       REASONS
    
    

    15. Point No.1: In support of prosecution case
    as narrated in paragraph 2 and the point for
    consideration in paragraph 13 of this judgment, the
    prosecution examined the witnesses which are as
    follows

    i. CW1 Smt. Vanamala, being informant
    examined as PW1 deposed that the on 21-8-2019,
    while she was in office, the FRO of Kolkata gave a
    copy of a complaint that a woman named Archana
    Purni Pramanik, a citizen of Bangladesh had entered
    the immigration section of the airport from Kolkata to
    Dhaka illegally. She had an Indian passport with her.
    When she was questioned, she stated that she was
    originally from Bangladesh and her parents were from
    Bangladesh and she was the only one living in India
    illegally and had obtained an Indian passport in that
    regard. In this regard, a confessional statement, her
    photograph, Indian passport, and Bangladeshi
    passport were produced by the accused, then she had
    filed a complaint as per Ex.P1 and identified two
    photographs of accused as per Ex.P2, another

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    complaint as per Ex.P3, statement of accused as per
    Ex.P4, copy of passport as per Ex.P5, copy of
    residential permit as per Ex.P6, Indian passport as
    per Ex.P7.

    ii. CW5 Smt. Shilpa.M., WPC examined as
    PW2 deposed that, the Aadhaar card, PAN card, Voter
    ID, SSLC marks card, lease agreement, Bangla
    Country’s passport were seized through Ex.P8
    mahazar on 7-11-2019 from 10 to 11.30 am in the
    presence of herself, CW4, CW11 and CW12.

    iii. CW6 Sri Noorulla Khan, examined as PW3
    identified his signature on Ex.P9 seizure mahazar as
    Ex.P9(a) and deposed that 5 years ago he has affixed
    his signature at the police station and pleaded
    ignorance about the case of prosecution case. In this
    regard, the learned Sr.APP has cross examined this
    witness by treating him as hostile witness however no
    favorable answer has been elicited from him to
    support the prosecution case. His denial of statement
    given before the police is marked as Ex.P10.

    iv. CW4 Smt. Padma, WPC examined as PW4
    deposed the same version of PW2.

    v. CW8 Rajashekar, husband of accused
    examined as PW5 deposed that he got married to the
    accused in Ranchi, Jharkhand in April 2010 and she

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    KABC030281992020 CC No.6274/2020

    was a nurse and he was working as a lab technician
    at HDM Hospital in Ranchi. Later, he got a job at
    Fortis Hospital in Bangalore and hence he rented a
    house in Munireddy Palya and lived there for 9 years
    and rented a house in R T Nagar, when he got
    married, he did not know which country the accused
    belonged, after this incident, he came to know about
    that the accused was a citizen of Bangladesh. Further
    deposed that, in Ranchi, the accused had studied as
    a nurse at the Christian Medical Association, at the
    time of marriage registration, she had given salary
    slips and bank books related to himself and the
    accused. He does not know what address is on the
    Aadhaar card, similarly the accused has an account
    in Syndicate Bank, an identity card, an annual
    income tax payment receipt, which contains the
    address where he and the accused are currently
    residing, in 2018-19 the accused worked at Cloud-9,
    Manipal Hospital and Fortis hospital.

    vi. CW9/PW6 Sri Srinivasamurthy deposed that
    the accused and her husband CW8 Rajashekar lived
    in his house for five years about 15 years ago and
    three years ago the police enquired about them
    whether they had caused any trouble and he has not
    given any statement in this regard. The learned
    Sr.APP has cross examined this witness by treating
    him as partly hostile witness and he admitted that he
    came to know from the police that the accused was
    citizen of Bangladesh and he has admitted that he

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    KABC030281992020 CC No.6274/2020

    had given a statement to the police that he was not
    aware of any criminal activities by the accused and
    CW8 during the 9 years they had been living in their
    house.

    vii. CW13 Sri Hanumatharayappa, PSI,
    examined as PW7 deposed that on 05-11-2019, on
    the basis of a complaint received from the Passport
    Office, registered FIR, seized documents through
    mahazar as per Ex.P8, a passport No.1812441 and
    visa No. AJ#014074 belonging to Bangladesh were
    seized from the house of accused from 1-30 pm and
    2-30 pm, the statements of witnesses were recorded
    and identified the Passport as Ex.P12, original PAN
    card as Ex.P13, electoral ID card, Aadhaar card,
    another passport as Ex.P14 to Ex.P16, Lease
    Agreement as Ex.P17, rental agreement as Ex.P18,
    SSLC marks sheet as Ex.P19, report as per Ex.P27,
    and correspondence letters as per Ex.P20 to 26 and
    after completion of investigation submitted the
    Charge sheet.

    viii. CW11 Sri Nagarajaiah, HC examined as PW8
    deposed the application was downloaded from the
    Police Commissioner’s office and on inquiry accused
    informed that she had been living with her husband
    and children at the address given in Ganganagar for
    the past 2 years at that time, she furnished Aadhaar
    card, voter ID card, bank pass book, SSLC fail marks
    card, marriage registration certificate, IT returns and

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    KABC030281992020 CC No.6274/2020

    PAN card and the same were examined with original
    and obtained her signatures on the copies. Further
    deposed that, he enquired with the neighbors and
    checked the documents at the station, it was found
    that there were no criminal cases pending against
    her, so her application was approved. Thereafter, he
    came to know about that the accused had obtained a
    passport by giving false documents as a Bangladesh
    citizen and hence CW13 deputed, him, CW4 and 12
    to trace out the accused, accordingly they produced
    the accused before CW13 and submitted reported as
    per Ex.P27.

    ix. CW11 Sri Mallikarjun Naganoor, PC
    examined as PW9 and deposed that, he along with
    CW11 and 4 produced the accused before CW13 after
    apprehended from her house bearing No.22, 1st
    Cross, Yellamma Temple Road and CW13 submitted
    report.

    16. The necessary ingredients to constitute the
    offence under Section 420 of IPC as under:

    “420. Cheating and dishonestly
    inducing delivery of property.–
    Whoever cheats and thereby
    dishonestly induces the person
    deceived to deliver any property to
    any person, or to make, alter or
    destroy the whole or any part of a

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    valuable security, or anything
    which is signed or sealed, and
    which is capable of being
    converted into a valuable security,
    shall be punished with
    imprisonment of either
    description for a term which may
    extend to seven years, and shall
    also be liable to fine.”

    The ingredients to constitute an offence under
    Section 420 are as follows:

    i. A person must commit the
    offence of cheating under Section
    415; and
    ii. The person cheated must be
    dishonestly induced to

    (a) deliver property to any person;
    or

    (b) make, alter or destroy valuable
    security or anything signed or
    sealed and capable of being
    converted into valuable security.

    Cheating is an essential ingredient for an act to
    constitute an offence under Section 420 and the said
    principle is appreciated in the case of Archana Rana
    v. State of Uttar Pradesh and Another
    in (2021) 3

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    SCC 751, in the case of Deepak Gaba and Others v.
    State of Uttar Pradesh
    reported in 2021 INSC 135
    and in the case of Mariam Fasihuddin & another v.
    State by Adugodi Police Station & another
    reported in
    2024 INSC 49.

    17. It could thus be seen that in order to make
    out an offence under cheating the intention to cheat
    or deceive should be present right from the beginning.

    18. In the case of Hridaya Ranjan Prasad
    Verma vs. State of Bihar
    reported in (2000) 4 SCC
    168, this Court held as under:

    “15. In determining the question it
    has to be kept in mind that the
    distinction between mere breach
    of contract and the offence of
    cheating is a fine one. It depends
    upon the intention of the accused
    at the time of inducement which
    may be judged by his subsequent
    conduct but for this subsequent
    conduct is not the sole test. Mere
    breach of contract cannot give rise
    to criminal prosecution for
    cheating unless fraudulent or
    dishonest intention is shown right
    at the beginning of the
    transaction, that is the time when

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    the offence is said to have been
    committed. Therefore it is the
    intention which is the gist of the
    offence. To hold a person guilty of
    cheating it is necessary to show
    that he had fraudulent or
    dishonest intention at the time of
    making the promise. From his
    mere failure to keep up promise
    subsequently such a culpable
    intention right at the beginning,
    that is, when he made the
    promise cannot be presumed.”

    Further, in the case of Indian Oil Corporation v.
    NEPC India Ltd. and Others
    reported in (2006) 6 SCC
    736 this position was reiterated in the following
    manner:

    33. The High Court has held that
    mere breach of contractual terms
    would not amount to cheating
    unless fraudulent or dishonest
    intention is shown right at the
    beginning of the transaction and
    in the absence of an allegation
    that the accused had a fraudulent
    or dishonest intention while
    making a promise, there is no
    “cheating”.

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    KABC030281992020 CC No.6274/2020

    Dishonest intention at the time of making the
    promise/inducement is necessary, in addition to the
    subsequent failure to fulfill the promise.

    19. Initially the case was registered for the
    offences punishable under Section 465, 471, 468 of
    IPC and Sec.5, 12, 14 of Foreigners Act and Sec.3(1)

    (c) of the Citizenship of Indian Act, 1955, however the
    Sec.5, 12, 14 of Foreigners Act and Sec.3(1)(c) of the
    Citizenship of Indian Act, 1955 was dropped out at
    the time of filing the charge sheet. However this court
    had gone through the bail order granted by the
    Hon’ble High Court of Karnataka, Bangalore in this
    case for having reported in AIRONLINE 2020 KAR 61
    wherein it was held that

    9. Amended Section 2 of the
    Citizenship Act, 1955 as amended
    by the Citizenship (Amendment)
    Act, 2019
    provides that, any
    person Hindu, Sikh, Buddhist,
    Jain, Parsi or Christian
    community from Afghanistan,
    Bangladesh or Pakistan, who
    entered into India on or before the
    31st day of December, 2014 and
    who has been exempted by the
    Central Government by or under
    clause (c) of sub-section (2) of
    Section 3 of the Passport (Entry
    into India) Act, 1920 or from the

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    application of the provisions of
    the Foreigners Act 1946 or any
    rule or order made thereunder,
    shall not be treated as illegal
    migrant for the purposes of this
    Act

    10. The allegations in the instant
    case are that the petitioner has
    fabricated and manipulated the
    documents relating to her identity
    namely Aadhar Card, PAN card
    and Passport and on the strength
    of these documents, she has been
    claiming to be a citizen of India.
    These allegations require to be
    established during trial. Petitioner
    has taken up a plea that all these
    documents are lawfully obtained
    by her after following due
    procedure and under the said
    circumstances, in view of the
    Amendment to the Citizenship Act
    and there being prima facie
    material to show that the
    petitioner has been residing in
    India since 2002 with her
    husband and child, until the
    allegations made against the
    petitioner are established in a
    full-dressed trial, the petitioner is

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    KABC030281992020 CC No.6274/2020

    entitled to be enlarged on bail. In
    the light of the above facts and
    circumstances, even the
    applicability of the provisions of
    the Foreigners Act 1946 may have
    to be decided before proceeding
    against the petitioner.

    So the question has to be decided whether the
    accused obtained Aadhaar Card, PAN card and
    Passport by obtaining the documents by the accused
    after following due procedure? However it is one of
    the allegations that the accused has created the SSLC
    Fails marks card as per Ex.P19 for obtaining the
    passport amounts to cheating? It appears from
    Ex.P19 (SSLC Fails Marks card), the accused alleged
    to have appeared for SSLC Examination for the April
    2017 as a private fresh candidate issued by the
    Karnataka Secondary Education Examination Board,
    Malleshwaram, Bangalore on 07/03/2018 however IO
    failed to secure the application form having submitted
    by the accused to corroborate whether she furnished
    the incorrect information to cheat the Central and
    State government.

    20. It appears from the record that the accused
    did not dispute her identity and her residence at
    Bangalore after her marriage with the PW5.

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    KABC030281992020 CC No.6274/2020

    21. Prosecution has relied upon Ex.P9 (seizure
    Mahazar ) wherein PW7/IO has seized the documents
    from the house of accused No.22, Yallamma Temple
    Street, 1st Cross, R. T. Nagar, Bangalore in the
    presence of CW6 namely Sri Nooralla Khan and CW7
    Sri Shankar who are resident of Mathikere and
    Cholanayakanahalli, Bangalore and not in the
    presence of local inhabitants for the alleged offence
    under section 420 of IPC.

    22. In addition to which, Aadhara card as per
    Ex.P15 issued in the name of accused on
    20/02/2019 with the care of Rajashekaran No.22, 1st
    Cross, 1st Main, Yallamma Temple Road, Ganganagar,
    Bengaluru North, R T Nagar Bengaluru, vide aadhara
    number 9013 2075 7378 which is only proof of
    identity and residence, but not nationality or of
    citizenship.

    23. As per Ex.P13 i.e.., PAN card number was
    issued in the name of accused with number
    AZBPP4881E are for tax purposes, even foreign
    nationals can obtain the same, however IO failed to
    secure the application form having submitted by the
    accused to corroborate whether she furnished the
    incorrect information.

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    KABC030281992020 CC No.6274/2020

    24. As Far as election identity card in the name
    of accused vide election ID card number
    SOH4319166 having issued on 21/07/2012 by
    Election commission of India as per Ex.P14, As per
    Article 326 of Indian Constitution grants the right to
    vote to every Indian citizen aged 18 years or above in
    elections to the Lok Sabha and State/UT Assemblies.

    25. As per section 16 of Representation of the
    People (RP) Act, 1950- A person can be disqualified
    from voter registration if they:

    (i) are not a citizen of India.

    (ii) are of unsound mind, as declared by a
    competent court.

    (iii) Are disqualified under any law related to
    corrupt practices or election-related offences.

    26. Form 6-the Election Commission of India’s
    (ECI’s) form for registering new electors – is used for
    registering new electors with the ECI by self-attested
    documents as such Age proof, Address proof and no
    separate citizenship proof is required however the
    applicant must sign a declaration of citizenship.

    27. Electoral Registration Officer (ERO) by
    collecting forms and documents. The ERO may also
    conduct hearings and investigations before finalizing
    entries. The ERO must ensure that no ineligible
    person, including non-citizens, is added to the

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    KABC030281992020 CC No.6274/2020

    electoral roll. The ERO must independently verify the
    applicant’s citizenship status, especially when a claim
    or objection is raised. The ERO is expected to
    evaluate all evidence presented during the inquiry
    without external influence. Such being the case, the
    IO/PW7 deposed that they have seized the Ex.P14
    from the house of accused however IO/PW7 did not
    secure the declaration of citizenship was signed by
    the accused as she is an Indian or as she applied for
    the voter identity card after she migrated from
    Bangladesh or she has been still exercising the
    citizenship of Bangladesh.

    28. In the similar way, passport as per Ex.P12
    was produced by IO however the same is of
    Bangladesh and not the Indian Passport. The
    evidence of PW7/IO has been reiterated as under

    ಸೀಲ್‍ ಮಾಡಿರುವ ಎರಡು envelope
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    ನೋಡಿ ಗುರ್ತಿಸಿರುವುದರಿಂದ ನಿಪಿ.13
    ಎಂದು, ಮೂಲ ಚುನಾವಣಾ ಗುರುತಿನ
    ಚೀಟಿಯನ್ನು ಮತ್ತು ಆಧಾರ ಕಾರ್ಡನ್ನು ಸಾಕ್ಷಿ
    ನೋಡಿ ಗುರ್ತಿಸಿರುವುದರಿಂದ ನಿಪಿ.14

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    KABC030281992020 CC No.6274/2020

    ಮತ್ತು 15 ಎಂದು ಮತ್ತು ಇನ್ನೊಂದು ಪಾಸ್‍
    ಪೋರ್ಟನ್ನು ಸಾಕ್ಷಿ ನೋಡಿ
    ಗುರ್ತಿಸಿರುವುದರಿಂದ ನಿಪಿ.16 ಎಂದು
    ಗುರ್ತಿಸಲಾಯಿತು. ಆರೋಪಿ ಮತ್ತು ಅವರ
    ಗಂಡನಿಗೆ ಸಂಬಂಧಪಟ್ಟಿರುವ Lease
    Agreement ಅನ್ನು ಸಾಕ್ಷಿ ನೋಡಿ
    ಗುರ್ತಿಸಿರುವುದರಿಂದ ನಿಪಿ.17 ಎಂದು
    ಗುರ್ತಿಸಲಾಯಿತು. ಇನ್ನೊಂದು ಬಾಡಿಗೆ
    ಕರಾರುಪತ್ರವನ್ನು ಸಾಕ್ಷಿ ನೋಡಿ
    ಗುರ್ತಿಸಿರುವುದರಿಂದ ನಿಪಿ.18 ಎಂದು
    ಗುರ್ತಿಸಲಾಯಿತು. ಆರೋಪಿಗೆ
    ಸಂಬಂಧಪಟ್ಟಿರುವ ಎಸ್‍ ಎಸ್‍ ಎಲ್‍ ಸಿ
    ಅಂಕಪಟ್ಟಿಯನ್ನು ಸಾಕ್ಷಿ ನೋಡಿ
    ಗುರ್ತಿಸಿರುವುದರಿಂದ ನಿಪಿ.19 ಎಂದು
    ಗುರ್ತಿಸಲಾಯಿತು. ನ್ಯಾ‍ಯಾಲಯದ ಮುಂದೆ
    ಇರುವ ಆರೋಪಿಯನ್ನು ಸಾಕ್ಷಿ ನೋಡಿ
    ಗುರ್ತಿಸಿರುತ್ತಾರೆ.

    2. ಸಾಕ್ಷಿದಾರರಾದ ಚಾಸಾ 2, 3, 6
    ಮತ್ತು 7 ರಿಂದ 12 ರವರ ಹೇಳಿಕೆಗಳನ್ನು
    ದಾಖಲು ಮಾಡಿರುತ್ತೇನೆ. ನಾನು Deputy
    Secretary, Consular, New Delhi
    ದಿ.15-11-2019 ಮತ್ತು Principal
    Secretary, Vidhana Soudha, Home
    and Transport Department,
    ADGP, Joint Secretary, Ministry of
    Home Affairs, Assistant Director,
    CFB, Commissioner of Police
    ರವರಿಗೆ ಈ ಕೇಸಿನ ಬಗ್ಗೆ ಪತ್ರಗಳನ್ನು
    ಬರೆದಿರುತ್ತೇನೆ. ಸಾಕ್ಷಿ ಸದರಿ ಪತ್ರಗಳಲ್ಲಿರುವ
    ಅವರ ಸಹಿಗಳನ್ನು ನೋಡಿ

    21
    KABC030281992020 CC No.6274/2020

    ಗುರ್ತಿಸಿರುವುದರಿಂದ ಅವುಗಳನ್ನು ಕ್ರಮವಾಗಿ
    ನಿಪಿ.20, ನಿಪಿ.21, ನಿಪಿ.22, ನಿಪಿ.23,
    ನಿಪಿ.24, ನಿಪಿ.25, ನಿಪಿ.26 ಎಂದು, ಸಾಕ್ಷಿ
    ಸಹಿಗಳನ್ನು ನಿಪಿ.20ಎ, ನಿಪಿ.21ಎ,
    ನಿಪಿ.22ಎ, ನಿಪಿ.23ಎ, ನಿಪಿ.24ಎ,
    ನಿಪಿ.25ಎ, ನಿಪಿ.26ಎ ಎಂದು
    ಗುರ್ತಿಸಲಾಯಿತು.

    3. ನಾನು ಆರೋಪಿಯನ್ನು ಪತ್ತೆ
    ಮಾಡಲು ಸಿಬ್ಬಂದಿಗಳನ್ನು ನೇಮಕ
    ಮಾಡಿರುತ್ತೇನೆ. ದಿ.07-11-2019 ರಂದು
    ಚಾಸಾ 11 ಮತ್ತು ಡಬ್ಲೂ ಪಿಸಿ- 15631
    ರವರು ಆರೋಪಿಯನ್ನು ಕರೆದುಕೊಂಡು
    ಬಂದು ಚಾಸಾ 11 ರವರು ವರದಿಯನ್ನು
    ನೀಡಿರುತ್ತಾರೆ. ಸದರಿ ವರದಿಯಲ್ಲಿರುವ ಸಾಕ್ಷಿ
    ಸಹಿಯನ್ನು ನೋಡಿ ಗುರ್ತಿಸಿರುವುದರಿಂದ
    ಅದನ್ನು ನಿಪಿ.27 ಮತ್ತು ಸಾಕ್ಷಿ ಸಹಿಯನ್ನು
    ನಿಪಿ.27ಎ ಎಂದು ಗುರ್ತಿಸಲಾಯಿತು. ನಂತರ
    ಆರೋಪಿಯ ಸ್ವಇಚ್ಫಾ ಹೇಳಿಕೆಯನ್ನು ದಾಖಲು
    ಮಾಡಿರುತ್ತೇನೆ. ನಂತರ ತನಿಖೆಯನ್ನು
    ಪೂರ್ಣಗೊಳಿಸಿ ದಿ.20-05-2020 ರಂದು
    ಅಂತಿಮ ವರದಿಯನ್ನು ಆರೋಪಿ ವಿರುದ್ದ
    ನ್ಯಾಯಾಲ‍ಯಕ್ಕೆ ಸಲ್ಲಿಸಿರುತ್ತೇನೆ.

    Cross examination of PW7/8
    deposed that

    2. ನಾನು ಅಸಲು ಆಧಾರ್ ಕಾರ್ಡ್,
    ಪ್ಯಾನ್‍ ಕಾರ್ಡ್, ವೋಟರ್ ಐಡಿ,
    ಆರೋಪಿಯ ಅಸಲು ಎಸ್‍ ಎಸ್ ಎಲ್‍ ಸಿ
    ಅಂಕಪಟ್ಟಿ , ಜೆ ಸಿ ನಗರದಲ್ಲಿ ಆರೋಪಿತರು

    22
    KABC030281992020 CC No.6274/2020

    ವಾಸವಿದ್ದ ಬಾಡಿಗೆ ಕರಾರು ಪತ್ರ , ಮತ್ತೊಂದು
    ಲೀಸ್‍ ಅಗ್ರಿಮೆಂಟ್‍ ಮತ್ತು ಬಾಂಗ್ಲಾದೇಶದ
    ಮೂಲ ಪಾಸ್‍ ಪೋರ್ಟ್ ಗಳನ್ನು ಜಪ್ತಿ
    ಪಂಚನಾಮೆ ಮೂಲಕ ದಿ.07-11-

    2019ರಂದು ಬೆಳಿಗ್ಗೆ 10-00 ರಿಂದ 11-30
    ಗಂಟೆವರೆಗೂ ಯಲ್ಲಮ್ಮ ಟೆಂಪಲ್‍ ರೋಡ್‍
    ಆರ್ ಟಿ ನಗರ, ಮನೆ ನಂ.22 ರ
    ಮುಂಭಾಗದಲ್ಲಿ ಸಾಕ್ಷಿದಾರರಾದ ಪ್ರವೀಣ್‍
    ಮತ್ತು ಮನೀಶ್‍ ಮತ್ತು ಬೆಂಗಾವಲು ಸಿಬ್ಬಂದಿ
    ಡಬ್ಲ್ಯೂಪಿಸಿ ಸಮಕ್ಷಮದಲ್ಲಿ ಜರುಗಿಸಿ
    ವಶಪಡಿಸಿಕೊಂಡು ಒಂದು ಕವರ್ ನಲ್ಲಿ ಹಾಕಿ
    ಕೇಸಿನ ವಿವರಗಳನ್ನು ಸದರಿ ಕವರ್ ಮೇಲೆ
    ಬರೆದಿರುತ್ತೇನೆ ಮತ್ತು ಸದರಿ ದಾಖಲಾತಿಗಳನ್ನು
    ಠಾಣೆಯ ಪಿಎಫ್ ನಂ.118/2019ಕ್ಕೆ
    ದಾಖಲು ಮಾಡಿರುತ್ತೇನೆ. ಜಪ್ತಿ
    ಪಂಚಸಾಕ್ಷಿದಾರರಿಗೆ ಮೌಖಿಕವಾಗಿ
    ವಿಷಯವನ್ನು ತಿಳಿಸಿ ಜಪ್ತಿ ಪಂಚನಾಮೆಗೆ
    ಸಾಕ್ಷಿದಾರರಾಗಿ ಮಾಡಿರುತ್ತೇನೆ. ಆರೋಪಿಯ
    ಬಾಂಗ್ಲಾದೇಶದ ಪಾಸ್‍ ಪೋರ್ಟ್
    ನೈಜ್ಯತೆಯನ್ನು ತಿಳಿಯಲು ನಮ್ಮ ಕಮೀಷನರ್
    ರವರ ಮೂಲಕ ಪತ್ರವನ್ನು ಬರೆದಿರುತ್ತೇನೆ.

              ಆದರೆ ಸದರಿ ಉತ್ತರ ಬರದೇ ಇರುವ
              ಕಾರಣದಿಂದ         ಅಂತಿಮ          ವರದಿಯನ್ನು
              ಸಲ್ಲಿಸುವ      ಸಮಯದಲ್ಲಿ            ಮುಂದಿನ
              ದಾಖಲಾತಿಗಳನ್ನು              ಹಾಜರುಪಡಿಸಲು
    

    ಅನುಮತಿಯನ್ನು ಕಲಂ 173(8) ಸಿ ಆರ್ ಪಿ
    ಸಿ ಅಡಿಯಲ್ಲಿ ನೀಡಿರುತ್ತೇನೆ. ಸದರಿ ಉತ್ತರ
    ಬಂದಿದೆಯೋ ಇಲ್ಲವೋ ಎಂದು ನನಗೆ
    ಗೊತ್ತಿಲ್ಲ. ನಾನು ನಂತರ ನಿವೃತ್ತಿಯನ್ನು
    ಹೊಂದಿರುತ್ತೇನೆ.

    23

    KABC030281992020 CC No.6274/2020

    3. ಅಸಲು ಆಧಾರ್ ಕಾರ್ಡ್,
    ಪ್ಯಾನ್‍ ಕಾರ್ಡ್, ಚುನಾವಣಾ ಗುರುತಿನ
    ಚೀಟಿಯ ಬಗ್ಗೆ ನೈಜ್ಯತೆಯನ್ನು ತಿಳಿಯಲು
    ನಮ್ಮ ಕಮೀಷನರ್ ರವರ ಮೂಲಕ
    ಪತ್ರವನ್ನು ಬರೆದಿರುತ್ತೇನೆ. ಆದರೆ ಸದರಿ
    ಉತ್ತರ ಬರದೇ ಇರುವ ಕಾರಣದಿಂದ ಅಂತಿಮ
    ವರದಿಯನ್ನು ಸಲ್ಲಿಸುವ ಸಮಯದಲ್ಲಿ
    ಮುಂದಿನ ದಾಖಲಾತಿಗಳನ್ನು
    ಹಾಜರುಪಡಿಸಲು ಅನುಮತಿಯನ್ನು ಕಲಂ
    173(8) ಸಿ ಆರ್ ಪಿ ಸಿ ಅಡಿಯಲ್ಲಿ
    ನೀಡಿರುತ್ತೇನೆ. ಸದರಿ ಉತ್ತರ ಬಂದಿದೆಯೋ
    ಇಲ್ಲವೋ ಎಂದು ನನಗೆ ಗೊತ್ತಿಲ್ಲ. ನಾನು
    ನಂತರ ನಿವೃತ್ತಿಯನ್ನು ಹೊಂದಿರುತ್ತೇನೆ.

    Thus, the oral testimony of PW7 makes it very
    clear that he did not secure the authenticity report of
    Exhibits as such aadhara card, pan card, SSLC fail
    marks card from the competent authorities. However
    he filed the charge sheet by reserving liberty under
    section 173(8) of Code of Criminal procedure to
    obtain further material from the concerned
    authorities, which clearly depicts that investigation
    remained incomplete and inconclusive at the time of
    filing the charge sheet. In the absence of reply from
    the concerned authorities that the documents relied
    upon by the accused was forged or fraudulently
    obtained, the question of cheating the authorities
    does not arise.

    24

    KABC030281992020 CC No.6274/2020

    29. It is significant to mention that Section 2 of
    the Citizenship (Amendment) Act 2019 inserted a
    proviso to Section 2(1)(b) of Citizenship Act 1955
    reads as follows;

    2 [(b) “illegal migrant” means
    a foreigner who has entered into
    India―

    (i) without a valid passport or
    other travel documents and such
    other document or authority as
    may be prescribed by or under
    any law in that behalf; or

    (ii) with a valid passport or
    other travel documents and such
    other document or authority as
    may be prescribed by or under
    any law in that behalf but
    remains therein beyond the
    permitted period of time;] 3
    [Provided that any person
    belonging to Hindu, Sikh,
    Buddhist, Jain, Parsi or Christian
    community from Afghanistan,
    Bangladesh or Pakistan, who
    entered into India on or before the
    31st day of December, 2014 and
    who has been exempted by the
    Central Government by or under

    25
    KABC030281992020 CC No.6274/2020

    clause (c) of sub-section (2) of
    section 3 of the Passport (Entry
    into India) Act, 1920 (34 of 1920)
    or from the application of the
    provisions of the Foreigners Act,
    1946
    (31 of 1946) or any rule or
    order made there under, shall not
    be treated as illegal migrant for
    the purposes of this Act;]

    As per Section 6(B)(2)(2) of of the Citizenship
    (Amendment) Act 2019

    “xxx Subject to fulfillment of
    the conditions specified in section
    5
    or the qualifications for
    naturalization under the
    provisions of the Third Schedule,
    a person granted the certificate of
    registration or certificate of
    naturalization under sub-section
    (1) shall be deemed to be a citizen
    of India from the date of his entry
    into India.

    (3) On and from the date of
    commencement of the Citizenship
    (Amendment) Act, 2019
    , any
    proceeding pending against a
    person under this section in
    respect of illegal migration or

    26
    KABC030281992020 CC No.6274/2020

    citizenship shall stand abated on
    conferment of citizenship to him:

    Provided that such person
    shall not be disqualified for
    making application for citizenship
    under this section on the ground
    that the proceeding is pending
    against him and the Central
    Government or authority specified
    by it in this behalf shall not reject
    his application on that ground if
    he is otherwise found qualified for
    grant of citizenship under this
    section:

    Provided further that the
    person who makes the application
    for citizenship under this section
    shall not be deprived of his rights
    and privileges to which he was
    entitled on the date of receipt of
    his application on the ground of
    making such application.

    Thus, a plain reading of the above provisions
    makes it very clear that once a person falls within the
    protective framework of the citizenship (Amendment)
    Act 2019, and is granted citizenship as per Ex.D3,
    the law itself mandates that any proceedings in
    respect of illegal migration or citizenship
    automatically stands abated. In the case on hand, the
    entire prosecution was that accused was a foreign

    27
    KABC030281992020 CC No.6274/2020

    national residing in India illegally however once the
    statutory protection under the amended provision of
    the citizenship act applies and citizenship has been
    recognized, the alleged offence under section 420 of
    IPC does not arise.

    30. The prosecution has dropped out the
    offences under Section 5 and 14 of the Foreigners’
    Act1946 and section 3 (1) (C) of the Citizenship Act,
    1955 which had been invoked that the offence was a
    foreign national Immigrants residing in India and
    these offences were dropped after coming into force of
    the citizenship (Amendment) Act 2019 with effect
    from 10.01.2020 as Ex.D3 was granted by the
    Central Government that she is a Indian nationality
    from the date of her entry ie., 27/08/2003. Once the
    statutory offences in respect of foreign nationality of
    that person were given up, the question of cheating
    does not arise. In the absence of any determination
    by the competent authority under the Citizenship Act
    or any adjudication under the Foreigners’ Act,
    declaring the accused to be a foreign national, the
    prosecution cannot rely on mere assumptions
    regarding the citizenship status of the accused. In
    such circumstances, the prosecution cannot sustain
    a charge under Section 420 of IPC and isolation. The
    offence of cheating requires proof of deception,
    dishonesty and dishonest delivery of property. In the
    present case, the alleged deception was entirely based
    on the claim that accused used forged document to

    28
    KABC030281992020 CC No.6274/2020

    obtain identity documents and the passport.

    However, once the prosecution itself has dropped out
    the offence for forgery as failed to establish that the
    documents relied upon by the accused were forged or
    fabricated; the very element of deception does not
    arise. Consequently, the essential ingredients
    required to constitute an offence of cheating under
    Section 420 IPC were not proved.

    31. The evidence /chief in examination of PW8
    has been reiterated as under

    ಪೊಲೀಸ್‍ ಇನ್ಸ್ ಪೆಕ್ಟರ್ ರವರಾದ ಅಜಯ್‍
    ಸಾರಥಿ ಯವರು ಪಾಸ್‍ ಪೋರ್ಟ್ ಅರ್ಜಿಯ
    ವಿಚಾರವಾಗಿ ನನ್ನನ್ನು ನೇಮಕ ಮಾಡಿರುತ್ತಾರೆ.

    ದಿ.15-03-2019ರಂದು ಪೊಲೀಸ್‍
    ಕಮೀಷನರ್ ರವರಿಗೆ ಪಾಸ್‍ ಪೋರ್ಟ್
    ಲಾಗಿನ್‍ ಐಡಿ ಬಂದಿರುತ್ತದೆ. ಅದರ ಮೇರೆಗೆ
    ನಾನು ಆರೋಪಿಯ ಅರ್ಜಿಯನ್ನು ಡೌನ್ಲೋಡ್‍
    ಮಾಡಿ ಅರ್ಜಿ ವಿಚಾರಣೆಗಾಗಿ ಆರೋಪಿ
    ವಿಳಾಸವಾದ ನಂ.22, 1ನೇ ಕ್ರಾಸ್,
    ಗಂಗಾನಗರ ಕ್ಕೆ ಹೋಗಿ ನೋಡಲಾಗಿ
    ಆರೋಪಿತರು ಅಲ್ಲಿ ಇದ್ದರು. ಸದರಿ
    ಆರೋಪಿಯನ್ನು ವಿಚಾರಿಸಿದಾಗ 2
    ವರ್ಷಗಳಿಂದ ಮೇಲೆ ಹೇಳಿದ ವಿಳಾಸದಲ್ಲಿ
    ಗಂಡ ಮತ್ತು ಮಕ್ಕಳ ಜೊತೆ ವಾಸವಾಗಿದ್ದೀನಿ
    ಎಂದು ತಿಳಿಸಿರುತ್ತಾರೆ. ಆ ಸಮಯದಲ್ಲಿ
    ಆರೋಪಿತರು ಆಧಾರ್ ಕಾರ್ಡ್, ಚುನಾವಣಾ
    ಗುರುತಿನ ಚೀಟಿ, ಬ್ಯಾಂಕ್‍ ಪಾಸ್‍ ಪುಸ್ತಕವನ್ನು,
    ಎಸ್‍ ಎಸ್‍ ಎಲ್‍ ಸಿ ಫೇಲ್‍ ಮಾರ್ಕ್ಸ್ ಕಾರ್ಡ್,

    29
    KABC030281992020 CC No.6274/2020

    ವಿವಾಹ ನೊಂದಣಿ ಪತ್ರ, ಐಟಿ ರಿಟರ್ನ್ಸ್
    ಮತ್ತು ಪಾನ್‍ ಕಾರ್ಡಗಳನ್ನು ಮೂಲ
    ದಾಖಲಾತಿಗಳನ್ನು ಕೊಟ್ಟಿದ್ದು ಪರಿಶೀಲನೆ
    ಮಾಡಿ ನಕಲು ಪ್ರತಿಗಳಲ್ಲಿ ಅವರ ಸಹಿಯನ್ನು
    ಪಡೆದಿರುತ್ತೇನೆ. ಸದರಿ ವಿಳಾಸದ
    ಅಕ್ಕಪಕ್ಕದವರನ್ನು ಆರೋಪಿ ವಾಸವಿರುವ
    ಬಗ್ಗೆ ವಿಚಾರಿಸಿರುತ್ತೇನೆ. ಆರೋಪಿಯ
    ಅರ್ಜಿಯ ಜೊತೆಗೆ ಅವರ ಗಂಡನ ಅರ್ಜಿಯ
    ವಿಚಾರಣೆ ಕೂಡ ಬಂದಿತ್ತು. ಅವರ
    ದಾಖಲಾತಿಗಳನ್ನು ಪಡೆದು ಅಕ್ಕ ಪಕ್ಕದವರನ್ನು
    ವಿಚಾರಿಸಿಕೊಂಡು ಬಂದಿರುತ್ತೇನೆ. ಸದರಿ
    ವಿಷಯವನ್ನು ಎಎಸ್ಐ ಮತ್ತು ಪಿಎಸ್ಐ
    ರವರ ಗಮನಕ್ಕೆ ತಂದಿರುತ್ತೇನೆ.

    ಠಾಣೆಯಲ್ಲಿರುವ ದಾಖಲಾತಿಗಳನ್ನು
    ಪರಿಶೀಲನೆ ಮಾಡಿದಾಗ ಆಕೆಯ ವಿರುದ್ದ
    ಯಾವುದೇ ಕ್ರಿವಿ‍ುನಲ್ ಪ್ರಕರಣಗಳು ಬಾಕಿ
    ಇಲ್ಲದ ಕಾರಣ ಅವರ ಅರ್ಜಿಯನ್ನು
    ಪುರಸ್ಕರಿಸುವಂತೆ ಮೇಲಾಧಿಕಾರಿಗಳಿಗೆ
    ವರದಿಯನ್ನು ನನ್ನ ಮೇಲಾಧಿಕಾರಿಯವರ
    ಅನುಮತಿ ಪಡೆದುಕೊಂಡು ಕಳಿಸಿರುತ್ತೇನೆ.

    Thus, it emerges that the oral testimony of PW8
    who conducted the passport verification prior to the
    issuance of passport demolishes the prosecution
    case. PW8 has deposed that he verified the original
    documents produced by the accused including
    Aadhara card, voter ID card, SSLC Marks card,
    passport and marriage certificate conducted a local
    inquiry by jurisdictional police and recommended for
    issuance of passport to the accused. He has further
    deposed that there is no criminal case against the

    30
    KABC030281992020 CC No.6274/2020

    accused. So the evidence clearly proves that the
    passport and other identity documents were issued
    only after official verification by the competent
    authorities themselves. The prosecution case reveals
    a clear inconsistency.

    32. In the instant case on hand, the offences
    under special law were dropped out and such being
    the case the prosecution could be maintained under
    section 420 of IPC?

    It is appropriate to quote the maxim “Generalia
    specialibus non derogant” which means special law
    prevails over the general law. In this regard, the
    Hon’ble Supreme Court of India held in the case of
    Suresh Nanda vs C.B.I reported in AIR 2008
    SUPREME COURT 1414 in paragraph 8 that

    Where there is a special Act
    dealing with specific subject,
    resort should be had to that Act
    instead of general Act providing
    for the matter connected with the
    specific Act. As the passports Act
    is a special act, the rule that
    general provision should yield to
    the specific provision is to be
    applied. (Emphasis supplied by
    the counsel for the accused)

    31
    KABC030281992020 CC No.6274/2020

    Thus, where the legislatures has enacted
    specific statutory mechanisms under the Citizenship
    Act, 1955
    and the Foreigners Act 1946 to regulate
    issues relating to Citizenship, migration and the legal
    status of foreigner nationals, the invocation of general
    penal provision as such section 420 of IPC does not
    arise. Therefore, prosecution failed to prove the
    ingredients of offence thereby the point No.1 is
    answered in negative.

    33. It appears from the written arguments filed
    by the accused appears to have taken inconsistency
    stand on one hand the accused claim that she was a
    Citizen of Bangladesh whereas on the other hand
    stated in the written argument that prosecution did
    not prove the authenticity of passport of accused as
    per Ex.P12.

    34. Point No.2:- For the foregoing discussion an
    the findings to the above point No.1, this court
    proceeds to pass the following:

    ORDER

    Acting U/Sec.248(1) of the Cr.P.C.

    (i) The accused is found not guilty
    and acquitted from the offence
    punishable under Section 420 of
    Indian Penal Code.

    32

    KABC030281992020 CC No.6274/2020

    (ii) Accused is set at liberty.

    (iii) In view of Section 437-A of
    Cr.P.C her bail bond shall be in
    force for 6 (six) months.

    (iv) Ordered accordingly.

    (Dictated to the stenographer directly on computer, typed by steno, verified and corrected
    by me in my laptop, then the judgment pronounced by me in the open court, on this the
    18th day of March, 2026)

    Digitally
    DEEPA signed by
    VEERASWAMY DEEPA
    VEERASWAMY

    (Deepa.V.),
    VIII Addl. Chief Judicial
    Magistrate, Bengaluru City.

    ANNEXURE
    Witnesses examined for Prosecution :

    PW1: Smt. Vanamala                                     Informant
    PW2: Smt. Shilpa.M.                                    WPC
    PW3: Sri Noorulla Khan                                 Mahazar witness
    PW4: Smt. Padma                                        WPC
    PW5: Sri Rajashekar                                    Husband of accused
    PW6: Sri Srinivasamurthy                               Owner
    PW7: Sri Hanumatharayappa                              PSI
    
    
                                                                                      33
     KABC030281992020                         CC No.6274/2020
    
    
    
    
    PW8: Sri Nagarajaiah                 Head constable
    

    PW9: Sri Mallikarjun Naganoor Police constable

    Documents marked on behalf of Prosecution:

    Ex.P1:    Complaint                              PW1
    Ex.P2:    Two Photos
    Ex.P3:    Complaint from office of the
    

    Foreigner’s Regional Registration
    officer (copy)
    Ex.P4: Confession statement of accused
    (copy)
    Ex.P5: Passport of Bangladesh (copy)
    Ex.P6: Residential permit (copy)
    Ex.P7: Passport of India (copy)
    Ex.P8: Panchaname dtd: 7-11-2019
    Ex.P9: Seizure mahazar dtd: 8-11-2019
    Ex.P10: Statement of PW3
    Ex.P11: FIR PW7
    Ex.P12: Passport of accused
    Ex.P13: Pan Card
    Ex.P14: Election identity card
    Ex.P15: Adhara card

    34
    KABC030281992020 CC No.6274/2020

    Ex.P16: Passport of accused
    Ex.P17: Lease agreement
    Ex.P18: Lease agreement
    Ex.P19: SSLC Marks Card
    Ex.P20: Letter dtd: 15-11-19 addressed to PW7
    Ministry of External Arrairs (CPV)
    Division.

    Ex.P21: Letter dtd: 15-11-19 addressed to ”
    FRR Office
    Ex.P22: Letter dtd: 15-11-19 addressed to
    Home and Transport Department,
    Govt. of Karnataka
    Ex.P23: Letter dtd: 15-11-19 addressed to
    State Intelligent and SRO
    Ex.P24: Letter dtd: 15-11-19 addressed to ”
    Ministry of Home affairs, New Delhi
    Ex.P25: Letter dtd: 15-11-19 addressed to
    Assistant Director, Central
    Foreigner Burueau, New Delhi
    Ex.P26: Letter dtd: 15-11-19 addressed to
    Commissioner of Police, Bangalore
    Ex.P27: Report ”

    Material Objects marked on behalf of
    Prosecution: Nil

    35
    KABC030281992020 CC No.6274/2020

    Witnesses examined for the defence:

    DW1: Smt Archana Pramanika Accused

    Documents marked on behalf of the defence:

    Ex.D1 Baptism Certificate DW1
    Ex.D2 Son’s birth Certificate ”
    Ex.D3 Citizenship Certificate ”

    Digitally
    DEEPA signed by
    VEERASWAMY DEEPA
    VEERASWAMY

    VIII Addl. Chief Judicial
    Magistrate, Bengaluru City.

    36

    KABC030281992020 CC No.6274/2020

    Judgment pronounced in the open court vide separately

    ORDER

    Acting U/Sec.248(1) of the Cr.P.C.

    (i) The accused is found not guilty
    and acquitted from the offence
    punishable under Section 420 of
    Indian Penal Code.

    (ii) Accused is set at liberty.

    (iii) In view of Section 437-A of
    Cr.P.C her bail bond shall be in
    force for 6 (six) months.

    (iv) Ordered accordingly.

    VIII ACJM, Bengaluru.

    37



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