USMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This jail appeal has been preferred by Usman, who has been convicted under 3 (1) (a) and in the alternative under section 3 read with 9 of the Official Secrets Act, 1923 and sentenced to rigorous imprisonment for five years by the Additional Sessions Judge, Jaipur City, vide his judgment dated March 8, 1976.

(2.) The brief facts necessary for the disposal of this appeal are these. The house of Usman appellant at Jodhpur was searched and certain secret informations in his possession was recovered. The most important being a letter Ex. P. 21 and certain Secret information contained in Ex. P. 15, It was found by the handwriting expert that Ex. P. 15 was in the handwriting of the appellant. The learned Additional Sessions Judge believed the prosecution evidence and convicted the appellant. None was present on behalf of the appellant.

(3.) I have heard the learned Assistant Public Prosecutor and perused the record of the case carefully. Ex. P. 44 is the memo of arrest of the appellant by Dy. S. P. Shri Brij Gopal at railway station, Jodhpur on 2.6.1971 in the presence of motbirs Bhikam Chand Soni, Bansi Rajput and Chainsukh S. I. C. I. D P. W. 20 Brijgopal deposed to about the arrest and his statement is further corroborated by P. W. 21 Chainsukh and P. W. 15 Bansi. It is, therefore, proved that the appellant was arrested at Jodhpnr railway station. Shri Brijgopal further deposed that on the same day under police custody the appellant gave information regarding letter Ex. P. 21 and the information contained in document Ex. P. 15 The Dy. S. P. further deposed that in consequence of this information he took the appellant to his house and from there in consequence of the information recovered Ex. P. 15 and P. 21. Regarding the recovery the statement of the Dy. S P. is further corroborated by motbir witness P. W. 14 Babulal. P. W. 21 Chainsukh, S. I. also corroborates the story. I have gone through these statements carefully and could find no reason to disbelieve them and in my opinion the learned Additional Sessions Judge rightly believed them.