MOLDIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Section 374, Cr. P, C. arises out of the Judgment dated 31-7-2002 passed by the learned Sessions Judge, Jaipur City, Jaipur whereby the learned Sessions Judge has convicted the appellant for offence under Section 379 of the Official Secrets Act, 1932 and sentenced him to undergo rigorous imprisonment for five years,

(2.) Suggestions stated the facts of the case are that the Station House Officer, Special Police Station, Rajasthan, Jaipur filed a complaint, Ex. P. 49 in the Court of Judicial Magistrate, Jaipur City, Jaipur stating therein that on 7-6-1994, Additional S. P., CID, Border Intelligence (Seema Pragyan), Jaisalmer received a secret information to the effect that one Moldin is involved in espionage (Jasoosi) and sending important information concerning Indian Army, Field Firing Range, Air Force, Canal and Roads etc. to the officials of Pakistan Intelligence. He is present at Thaiyat Fanta and intends to leave for Pakistan. Having received the above information, Additional Superintendent of Police along with his staff reached the pointed place and found a person of the description as stated by the informant. He was caught with the help of the staff and on being asked, he disclosed-his identity as Moldin alias Moliya alias Molla Vbux s/o. Kasam by caste Kalar Musalman, resident of Rugeri, Police Station Kotwali, Jailsalmer. Thereupon, he was searched in the presence of two witnesses and in the course of search some documents rolled in Tehmad' tied on his waist were found. On seeing the papers recovered, it was found that one of the papers was a photo copy of booklet of Army, three hand written ruled sheets which contained secret information about the Indian Defence Force and important secret informations pertaining to military- The accused was arrested. The Additional S. P. then submitted a written report at Police Station Kotwali, produced the accused and submitted recovered documents. Thereupon, a FIR without number came to be registered for offence under Sections 3 and 3/9 of the Official Secret Act. On the same day, the SHO, Police Station, Kotwali transmitted the above report and recovered documents along with the accused to Special Police Station, Rajasthan, Jaipur. Thereupon a case No. 2/94 for offence under Sections 3, 3/9 of the Official Secret Act and Section 120-B. I. P. C. was registered at Special Police Station, Jaipur and investigation commenced. In the course of investigation, the statement of witnesses were recorded and site plan was prepared.

(3.) Having completed entire formalities as to the investigation, a criminal complaint for offence under Sections 3, 3/9 of the Official Secret Act came to be filed on 31-5-97 in the Court of Chief Judicial Magistrate, Jaipur City, Jaipur. Since the offences were exclusively triable by the Court of Sessions, the Chief Judicial Magistrate committed the case to the Court of Sessions.