ASIF HUSSAIN Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal impugning the judgment dated 28.10.2016 passed by the learned ASJ convicting the appellant of an offence under Section 3 of the Official Secrets Act, 1923 for being in possession of restricted documents relating to the Indian Army, which could be prejudicial to the security and interest of the State. The appellant was also convicted of an offence under Section 474 of the Indian Penal Code, 1860 (IPC) for possessing forged documents such as driving license, ration card, school certificate, false disclosure regarding his address and date of birth for obtaining his first passport.

(2.) The appellant also impugns an order dated 09.11.2016, whereby he was sentenced to undergo rigorous imprisonment for a period of nine years for the offence under Section 3 of the Official Secrets Act, 1923 and for a period of four years along with a fine of Rs.10,000/- for the offence under Section 474 of the IPC. It was also directed that the appellant would undergo simple imprisonment for a period of nine months if he defaulted in the payment of the fine imposed on him.

(3.) The judgment was rendered in connection with FIR No. 36/2012 under Sections 419/420/468/471/120B of the IPC; Sections 3/9 of the Official Secrets Act, 1923; and Sections 14-A and 14-B of the Foreigners Act, 1946.