Fine on Bantwal resident for using fake visa at Mangaluru airport
Mangaluru: The Second Additional District and Sessions Court in Mangaluru overturned an order of a lower court and imposed a Rs 20,000 fine on a 34-year-old resident of Bantwal, in Dakshina Kannada district, for using a fake visa during his travel abroad eight years ago.
Judge K.P. Preethi said: “Using a fake visa is a serious issue. It appears that, for the purpose of seeking employment, he made such an attempt, and no loss was caused to any third party, or to the State.. Therefore, it would be appropriate to direct the accused to pay a fine of Rs 10,000/- each for the offences punishable under Sections 465 and 471 of the Indian Penal Code (IPC).”
On February 6, 2016, Shafi Mohammed Kunhi, a resident of Karopady in Bantwal taluk, was scheduled to board an Air India flight to Doha. At Mangaluru International Airport, he produced a visiting visa (number 272010545392), which immigration clearance personnel found to be fake. Kunhi was found possessing an employment visa (number 342016005134), which was valid for five years.
Bajpe police arrested Kunhi and filed a charge sheet arraigning him of offences punishable under Sections 465 and 471 of the IPC. On January 4, 2022, the 3rd Additional Senior Civil Judge and JMFC acquitted Kunhi.
The State filed an appeal in the sessions court.
Overturning the order of acquittal, the judge, in her judgment on February 29, 2024 made note of the evidence, which showed that Kunhi did not produce the original employment visa at the time of immigration clearance, as it was not valid for travelling on the date of the incident. As an alternative, he produced a fake visiting visa.
The trial court, the judge said, committed an error in observing that prosecution should have produced independent witnesses and CCTV camera footage showing the entry of Kunhi at the immigration office on February 6, 2016. The trial court was also wrong in disbelieving prosecution about the arrest of Kunhi.
“This error goes to the root of the matter and well-settled principles of law. Hence, it is a fit case to reverse the judgment of acquittal passed by the trial court,” the judge said.