STATE OF GUJARAT Vs. SAMA SALE TAMACHI

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of the Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 13. 2. 1990 passed by the learned Additional Sessions Judge, Kutch-Bhuj in Sessions Case No. 55 of 1988 whereby the accused has been acquitted of the charges leveled against them.

(2.) THE brief facts of the prosecution case are as under: accused no. 1 Sama Sale Tamachi is residing at Dhobana, Taluka Katchch, Bhuj and the accused No. 2 Rayma Alimamad Hothi is residing at Jarojan, Taluka Diploji, District Mirpur, Pakistan. On 2. 6. 1986 the accused no. 2 was arrested by the boarder security force, at Dharmasala post. Upon inquiry he revealed that Accused no. 1 is having some secrete papers related to Official Secretes Act of the India. Upon investigation and search at Accused no. 1's house, the map as well as papers showing the strength of police personnel in various police stations were found.

(3.) NECESSARY investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, chargesheet was filed against them.