STATE OF U.P. Vs. TASEEN AZEEM

JUDGEMENT

(1.) The above criminal appeal has been filed by the State against the judgment and order dated 10.04.2014 passed by Special Judge (Scheduled Caste and Scheduled Tribes Act)/ Additional Sessions Judge, District Lucknow in Sessions Trial No.237 of 2007 arising out of Crime No.132 of 2006, under Sections 115, 120-B, 121, 121A, 123, 420, 467, 468 and 471 of the Indian Penal Code 1861 (in short I.P.C.) and Section 3/9 and 5/9 of Official Secrets Act, 1923 and Section 3/14 of Foreigners Act, 1946, Police Station Cantt., Lucknow, whereby the accused/respondent has been acquitted of charges under Sections under Sections 115, 120-B, 121, 121A and 123 of I.P.C. and accused/respondent was punished with allegedly lessor sentence under Sections 467, 468 and 471 of I.P.C. and Section 3/9 and 5/9 of Official Secrets Act and Section 3/14 of Foreigners Act. The State-appellant prayed also for enhancement of the sentence, awarded to the accused/respondent.

(2.) The above petitioner for writ of Habeas Corpus has been filed by the petitioner/accused for his release and deportation to his own country i.e. Pakistan. This Criminal Appeal and this Habeas Corpus Writ Petition are interrelated, so we are disposing them of with a common judgment.

(3.) The brief factual matrix of the case is as under: