While upholding Rafiq Ahmed's conviction for violation of the provisions of the Foreigners Act, Additional Sessions Judge Narinder Kumar, however, spared him the additional jail term on the ground that he had got his visa extended after 2002 and that he had applied for Indian citizenship.
The court spared him additional jail term, modifying his six-month imprisonment awarded by the magisterial court to one month and 11 days that he had already undergone during trial.
Rafiq was apprehended from near Turkman Gate in old Delhi on May 30, 2002 and was found to be without any valid VISA.
His counsel told the court that he had come to India with his mother and continued to stay here after her mother passed away. He said the accused even got married here and had children. The court was also informed that his visa was extended from time to time.
The court noted that his visa was extended from time to time and was last extended till July 1993. He was then issued notice, the last being on on May 21, 2002 intimating him that his visa has