SAMA ALANA ABDULLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 13-8-1991, passed by the High Court of Gujarat in Criminal Appeal No. 147 of 1990. The High Court allowed the appeal, set aside the acquittal of the appellant (Accused 1) by the learned Sessions Judge, Kuchchh, in Sessions Case No. 62 of 1988 and convicted him for the offences punishable under Secs. 3(l)(a) and 3(l)(c) both read with Sec. 9 and also under Sec. 10 of the Official Secrets Act, 1923 (hereinafter referred to as the 'Act').

(2.) Rayna Alimohamad Hothi (Accused 2) was also tried along with the appellant but it is not necessary to mention the facts relating to him as he has not challenged his conviction.

(3.) On 2-6-1986 Rayna (Accused 2) was arrested while crossing the Indian Border along with two other Pakistani nationals. During interrogation it was revealed that since about 4 years they used to come to India, meet Alana (Accused 1) and two other Indian nationals and obtain information useful to Pakistani intelligence.