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PETITIONER: MOBARIK ALI AHMED
Vs.
RESPONDENT: THE STATE OF BOMBAY
DATE OF JUDGMENT: 06/09/1957
BENCH: JAGANNADHADAS, B. BENCH: JAGANNADHADAS, B. IMAM, SYED JAFFER MENON, P. GOVINDA
CITATION: 1957 AIR 857 1958 SCR 328
ACT: Criminal Law-Foreigner-Resident outside India-Offence committed in lndia--Conviction by Indian Court under the lndian Penal Code-Legality-Offendey extradited and brought to India Arrest for a fresh offence and conviction-Validity- Charge under s. 420 read with s. 34 Of the Indian Penal Code-Conviction under s. 420 alone-Legality’ Extradition Act, 1870 33 & 34 Vict. C. 52),s. 3(2)-Fugitive Offenders Act, 1881, (44 & 45 Vict. c. 69). s. 8- Indian Penal Code (Act XLV of 1860), ss. 2, 34, 420.
HEADNOTE: The appellant, a Pakistani national doing business in Karachi, was convicted of the offence of cheating under s. 420 Of the Indian Penal Code. The prosecution case was that with a dishonest intention he made false representations to the complainant at Bombay through letters, telegrams and telephone talks, that he had ready stock of rice, that he had reserved shipping space and on receipt of money he would be in a position to ship the rice forthwith, and that the complainant who was anxious to import rice urgently sent the amount to the appellant on the belief of such representations. It was contended for the a...