MOHD. ANWAR Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 05.05.2006 passed by the Additional Sessions Judge, Court No. 14, Kanpur Nagar, in Sessions Trial No.1493 of 2003, arising out of case crime no.223 of 2002 under Sections 467, 468, 471, 472, 473, 474, 140 IPC, 14 Foreigners Act, 3 and 6 Official Secrets Act, 12 Passport Act and in Sessions Trial No.716 of 2004 arising out of case crime no.224 of 2002 under Sec. 25 Arms Act, Police Station Babupurwa, District Kanpur Nagar, whereby the accused appellant has been sentenced to five years rigorous imprisonment coupled with fine Rs.5000.00, and default stipulates six months' additional rigorous imprisonment under Sec. 14 Foreigners Act, life imprisonment coupled with fine Rs.5000.00, and default stipulates one year's additional rigorous imprisonment under section 467 IPC, five years rigorous imprisonment coupled with fine Rs.5000.00, and default stipulates one year additional rigorous imprisonment under Sec. 468 IPC, five years rigorous imprisonment coupled with fine Rs.5000.00, and default stipulates six month's additional rigorous imprisonment under Sec. 471 IPC, life imprisonment coupled with fine Rs.10,000.00, and default stipulates one year additional rigorous imprisonment under Sec. 472 IPC, five years rigorous imprisonment coupled with fine Rs.5000.00, and default stipulates six month's additional rigorous imprisonment under Sec. 473 IPC, seven years rigorous imprisonment coupled with fine Rs.5000.00, and default stipulates six months' additional rigorous imprisonment under Sec. 474 IPC, three months rigorous imprisonment under Sec. 140 IPC, fourteen years rigorous imprisonment under Sec. 3 Official Secrets Act, three years rigorous imprisonment under Sec. 6 Official Secrets Act, five years rigorous imprisonment coupled with fine Rs.10,000.00, and default stipulates one year additional rigorous imprisonment under Sec. 12 Passport Act and two years rigorous imprisonment coupled with fine Rs.5000.00 and default stipulates six months' additional imprisonment under Sec. 25 Arms Act. Sentences to run concurrently.

(2.) Heard Sri D.P.S. Chauhan, learned counsel for the appellant, Sri J.K. Upadhyay, Kumari Meena, Smt. Manju Thakur learned AGAs, Sri Hasan Shaukat Abidi brief holder for the State and also perused the record.

(3.) Gravamen of charge has its seed in the first information report lodged by Rajesh Dwivedi, Circle Officer, Baburpurwa, Kanpur Nagar, at Crime Nos.223 of 2002 and 224 of 2002 at 3:30 a.m. on 19.05.2002 at Police Station Babupurwa whereby fact of arrest of accused Mohd. Anwar, resident of Begumpurwa, coupled with recovery of incriminating document/material was intimated and the first information report was lodged against him.