HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.866 OF 2004 Dated : 06.07.2010. Between : Dzmitrenka Siarhei … Petitioner-accused a n d The State of A.P. ,,, Respondent HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.866 OF 2004 ORDER: This criminal revision case is filed by the petitioner-accused under sections 397 and 401 of the Code of Criminal Procedure against the judgment dated 23.01.2001 passed in Criminal Appeal No.13 of 2004 by the Additional Sessions Judge, Hindupur, Ananthapur District, confirming the judgment of conviction and sentence passed by the Judicial First Class Magistrate, Penukonda, in C.C.No.154 of 2003 on 23.01.2001. The allegations against the petitioner-accused are of illegally staying at Puttaparthy of Ananthapur District without having any valid Visa and thereby he was charged for the offence punishable under sections 14 of Foreigner Act and 5 of Foreigners Registration Act, 1939 read with 7 (2) of Foreigners Act and 7 (3) (iii) of Foreigners Order, 1948, and Rule 10 and 14 (3) of Foreigners Registration Rules, 1992. Learned Magistrate during the course of trial in C.C.No.154 of 2003 has examined PWs 1 to 7 and marked Exs.P.1 to P.8. Further after detailed consideration of oral and documentary evidence, learned Magistrate found the accused to be guilty for the charges under section 7 (2) of the Foreigners Act, 1946, Para 7 (3) (iii) of Foreigners Order, 1948 read with section 14 of the Foreigners Act, 1946, Rule 10 of the Registration of Foreigners Rules read with section 5 of Registration of Foreigners Act, 1939. As against the said judgment, the petitioner-accused preferred the Criminal Appeal, in which, the learned Additional Sessions Judge confirmed the judgment of conviction passed by the learned Magistrate. Aggrieved by the same, the present Criminal Revision Case is filed. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. The learned Counsel for the petitioner after arguing for some time confined his submissions with regard to the imposition of sentence. There is no minimal punishment prescribed under the provisions of Foreigners Act under which the petitioner is convicted. Further, the case pertains to the year 2003 and for all these years the petitioner suffered humiliation. In these circumstances, some leniency can be shown to the petitioner-accused, for which, the learned Additional Public Prosecutor not serious opposed. Accordingly, the conviction imposed by the Trial Court as confirmed by the lower Appellate Court against the petitioner-accused is confirmed. However, the sentence of imprisonment imposed on the petitioner is hereby set aside and the petitioner is directed to pay a sum of Rs.40,000/- towards fine apart from fine amount already paid by him. It is seen from the copy of the order dated 17.02.2004 passed in Crl.M.P.No.35 of 2004 by the Additional Sessions Judge, Hindupur, that the petitioner at the time of grant of bail has furnished solvency to the tune of Rs.20,000/- by way of cash deposit and he also deposited another Rs.20,000/- in Crl.M.P.No.242/2004 while seeking suspension of sentence before the trial Court. As such, the said amount of Rs.40,000/- is directed to be adjusted towards the fine amount of Rs.40,000/- now imposed by this Court on the petitioner-accused. With above modification, this criminal revision case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 06.07.2010 sur