STATE OF UTTARAKHAND Vs. ABID ALI

JUDGEMENT

(1.) Instant Government Appeal is preferred against the judgment and order dtd. 22/7/2013, passed in Jail Appeal No. 7 of 2013, Asad Ali Vs. State of Uttarakhand, by the court of 2nd Additional Sessions Judge, Haridwar (for short, "the appeal"). By the impugned judgment and order, the conviction and sentence of the respondent Abid Ali @ Asad Ali @ Abu Bakar @ Ajeet Singh (hereinafter referred to as "the accused"), under Ss. 419, 420, 467, 468, 469, 471 and 120B IPC, Sec. 14 Foreigners Act, 1946 (for short, "the Foreigners Act"), Sec. 12 (1A)(a) of the Passports Act, 1967 (for short, "the Passports Act"), Sec. 3 of the Official Secrets Act, 1923 (for short, "the Official Secrets Act") and Sec. 31 of the Representation of the People Act, 1950 recorded on 19/12/2012, in Criminal Case No. 2596 of 2010, State Vs. Abid Ali @ Asad Ali @ Ajeet Singh @ Abu Bakar by the court of Chief Judicial Magistrate, Haridwar (for short, "the case"), has been set aside and the accused has been acquitted of the charges. In the case, the accused has also been convicted of the charge under Ss. 4 & 9 of the Official Secrets Act, but the accused was not sentenced thereunder. In appal, no order has been passed about the charge under Ss. 4 & 9 of the Official Secrets Act.

(2.) Facts necessary for the disposal of the instant appeal, briefly stated, are as hereunder:-

(3.) Accused was charged for the offences punishable under Ss. 419, 420, 467, 468, 469, 471, 120-B IPC, Sec. 14 of the Foreigners Act, Sec. 12 (1A) (a) of the Passports Act, Ss. 3, 4 and 9 of the Official Secrets Act and Sec. 31 of the Representation of the People Act, 1950. The accused denied the charges and claimed trial.