Status: Not ApprovedHEAD: 24_Mum_NK_Srilankan national convicted Byline: NoneSri Lankan National Convicted for Illegal Stay; Legal Fraternity Terms It Rare in ThaneNishikant KarlikarThane: The Thane Sessions Court convicted a Sri Lankan national for illegally residing in India without valid travel documents and ordered his deportation after completion of his sentence.Perhaps, this was the first time that a Sri Lankan national was convicted by the Thane court, according to the legal fraternity here.Additional Sessions Judge V L Bhosale held 36-year-old Arumahaddi Janith Madusangha D’Silva alias Podi Lessi guilty under Section 14 of the Foreigners Act, 1946. The court sentenced him to rigorous imprisonment for 1 year, 1 month and 6 days — a period already undergone — and imposed a fine of ₹1,000. In default of payment, he would have to undergo an additional 1 month of imprisonment.According to the prosecution, the accused was found on January 13, 2025, staying at a hotel in Kashigaon, Mira Road (East), without possessing a valid passport or visa. Police officials, during the enquiry, sought documents establishing his nationality, but he failed to produce any proof of Indian citizenship. The FIR was registered the following day, and he was arrested.During the trial, the prosecution examined police personnel who were part of the raiding team and the investigating officer. The court observed that under Section 9 of the Foreigners Act, the burden lay on the accused to prove that he was not a foreigner. In the absence of any documentary evidence from the accused to establish Indian nationality, the court held that the prosecution successfully proved the offence of illegal stay under Section 14 of the Act.However, the court acquitted him of charges under Sections 3 and 6 of the Indian Passport Act, Section 14A of the Foreigners Act, and multiple provisions of the Bharatiya Nyaya Sanhita related to cheating and forgery, noting that the prosecution failed to produce evidence of forged documents or dishonest inducement.The Judge directed that after serving the sentence, the accused be deported to Sri Lanka through the Sri Lankan Embassy. The Thane Police Commissioner was instructed to ensure compliance and submit a report. MSID:: 128754785 413 |
