Sajjad Haider, a native of Lahore, was awarded the jail term by Additional Sessions Judge Pawan Jain who held him guilty of cheating, impersonation, forgery, using forged documents as genuine and under the provisions of Foreigners Act.
"One can understand that he had concealed his nationality as he was not having any document but there is no explanation what had compelled him to procure forged driving licence and PAN card on the basis of forged documents.
Thus, it cannot be said that he had no dishonest intention. Moreover, one should not forget that these forged identity documents can also be used against the interest of nation," the court said.
"It has already been established that at the time of obtaining the PAN card, the convict had not only concealed his real name and nationality but also furnished a fictitious school leaving certificate showing that he had studied in India. On the basis of forged documents, he had obtained a PAN card from the income tax department and also a driving licence," it said.
The court, however, acquitted co-accused Jainuddin Ansari, a Bihar native, who was accused of helping Sajjad procure the fake documents, due to lack of evidence.
Haider, who was also charged under the provisions of the Official Secrets Act for allegedly possessing confidential documents, was found not guilty of the same by the court after the prosecution failed to prove the allegations.
The court also held that the "prosecution failed to prove that he was acting on the instructions of his alleged mentors in furtherance of a criminal conspiracy."
The prosecution case was that Sajjad was arrested on September 14, 2009, by Special Cell of Delhi Police on information from Central Intelligence Unit that a Pakistani spy was residing in the area of Samalkha on the basis of forged documents of Indian nationality under the name of Mohd Parvez and supplying secret documents about Indian Armed forces to his mentors in Pakistan.
He was found having a driving licence issued from Dehradun, PAN card and other bank documents. He had also befriended a married woman here and started living with her to camouflage as a family man.
The court rejected the prosecution's case that Sajjad had been contacted by an ISI agent and came in contact with one Major Sameer who cleared all his debts and offered him to spy for Pakistan in return for Rs 15,000 per month to his family.
The court noted that the police had said Sajjad used to contact Major Sameer through the Internet but there was no evidence to establish which website or e-mail account was accessed by the accused.
On the prosecution's contention that police had recovered an envelope of secret documents from him which was addressed to one Suleman of Dubai, the court held the police had not made any effort to find out the addressee.
It also noted that police made no efforts to trace the person named Salim who is said to have handed over the secret documents to Sajjad.
New Delhi: A Pakistani national was on Thursday sentenced to seven-year jail term by a Delhi court for illegally staying in India and also getting prepared fake documents showing his nationality as Indian.
First Published: Thursday, January 31, 2013, 21:25