MOBARIK ALI AHMED vs THE STATE OF BOMBAY

The Supreme Court upheld the conviction of the appellant, a Pakistani national, under Section 420 of the Indian Penal Code for cheating, despite his absence from India during the commission of the offence. The Court ruled that all elements of the offence occurred in Bombay, validating the conviction under Section 2 of the IPC. It further clarified that extradition under the Fugitive Offenders Act, 1881 did not preclude trial for a different offence, and the conviction under Section 420 was sustainable even though the charge included Section 34 IPC, as the findings supported a conviction solely under Section 420.