MOHD. NASEEM Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 7th April 2010 passed by the learned Additional Sessions Judge ("ASJ") in Sessions Case No. 12 of 2008 convicting the Appellant for the offences under Section 3(1)(c) and 5(c) of the Official Secrets Act, 1923 ("OSA") and the order on sentence dated 9th April 2010 whereby the Appellant was sentenced to five years rigorous imprisonment ("RI") for the offences under Sections 3 and 3 years RI for the offence under Section 5 of the OSA and to a pay fine of Rs.10,000 and in default to undergo RI for six months with both sentences being directed to run concurrently.

(2.) The case of the prosecution is that Inspector Brahmjit Singh (PW- 10) of Special Cell of Delhi Police received information on 29th June 2007 at around 9 am that the Appellant, a Lance Naik in the Indian Army posted at JAK LI Unit in Jammu & Kashmir, was in Delhi on long leave and would be supplying documents to some foreign agent at 11.30 am near Metro Station, Shastri Park, Delhi. The information was recorded in Daily Diary No. 4 (Ex.PW-10/A). A raiding team consisting of PW-10, HC Shivbir (PW-8), SI Pankaj Kumar (PW-9), SI Naresh Kumar (PW-11) and HC Preet Singh was constituted.

(3.) The team reached the place of occurrence around 12.10 pm. The Appellant is stated to have been arrested on the pointing out of the secret informer. The Appellant was carrying a shoulder bag (Ex.P-2). From the bag the following documents were seized: