Delhi District Court
Amin Chand vs . State 1987 Crl. L. J. 1034 As Follows: on 19 September, 2011
1 IN THE COURT OF SHRI RAJNEESH KUMAR GUPTA, ADDITIONAL SESSIONS JUDGE01 (WEST):DELHI SC No. 71/2010 Unique Case I.D. No. 02401R1053672005 FIR No. 477/2005 PS R.K. Puram U/s 3/9/10 O.S. Act, U/s 468/471/474/120B IPC and 14 The Foreigners Act State Versus 1. Irfan Kausar S/o Shri Mohd. Kausar R/o Vill. Uggu Chuck, Distt. Gujranwala, Pakistan. 2. Mohd. Ramzan S/o Late Shri Habibullah R/o Maadevi Road, Near Wine shop Maler Kotla, Distt. Sangroor Punjab. 3. Minhaj @ Pehlwan S/o Shri Hazi Sayyed Hussain R/o D77, Gali No. 1, Chand Bagh Bhajanpura, Delhi. SC No. 71/10 Page 1of 22 2 Date of Institution : 05.11.2005 Date of arguments : 03.09.2011 Date of Judgment : 17.09.2011 JUDGMENT
1. In brief, the case of the prosecution is that Insp. Jasbir Malik has an information that one Pak National was indulging in espionage activities in India and had entered India via Nepal Boarder. On 7.9.05, Insp. Jasbir Malik received a specific information at 4.25 p.m. through a secret informer that the Pak national is sending information to someone about Indian Army through Internet from Takshak Cyber Cafe in Mohammadpur Village near Bhikaji Cama Place. SI Suresh Kumar was briefed by Insp. Jasbir Malik and a raiding party was constituted consisting of Insp. Jasbir Malik, SI Suresh Kumar, ASI Gyanender Singh, H.C. Virender Singh, Ct. Sanjay, Ct. Balwan, Ct. Sunil, Ct. Krishan. The raiding party proceeded and reached at Takshak Cyber Cafe. On the pointing out of the informer, the accused who disclosed his name as Ashok Kumar S/o Shri Lal Chand produced a fake Voter ICard but later on he was identified as Irfan Kausar was sending vital informations through Internet. The printout of the email Ex. P7 written on the monitor of the computer was seized. The following documents were recovered from the possession of the accused Irfan Kausar:
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(a) One Identity card of Election Commission of India in the name of Ashok Kumar S/o Lal Chand (Ex. P1),
(b) Receipt No. 819 dt. 7.9.05 Station No. C19, starting time 4.10 (Ex. P2),
(c) one sketch written on it HQ 260 PS GRID SIG REGT (Ex. P3),
(d) one pocket telephone diary (Ex. P4),
(e) one handwritten paper containing 8 points related to Military information (Ex. P5),
(f) six pieces of papers on which Military information has been written (Ex. P6), The documents Ex. P1 to P7 were seized vide seizure memo Ex. PW2/A. The accused Irfan Kausar was arrested. At the instance of the accused, from a room of the H.No. 77, Chand Bagh, DBlock, Bhajan Pura, Delhi, a bag containing the following articles were recovered:
(a) one white envelope containing handwritten Urdu letter (Ex. P10),
(b) one green colour Military Hospital, Ambala Cantt card (Ex. P11),
(c) 21 photographs of prohibited military area {Ex. P12 (1 to 21)}
(d) other articles Ex. P12.
All these articles Ex. P10 to Ex. P12 were seized vide seizure memo Ex. PW6/C. On the pointing out of the accused Irfan Kausar, accused Mohd. Ramzan was arrested on 9.9.05 from Maler Kotla, Punjab, who has given the accused Irfan Kausar shelter in his SC No. 71/10 Page 3of 22 4 house and helped him to collect the vital secret military information. One camera (Ex. P15) and negatives (Ex. P16) of the military area of Ambala Cantt., the photographs which were already recovered from the possession of the accused Irfan Kausar was recovered from the possession of the accused Mohd. Ramzan. The camera and negatives were seized vide seizure memo Ex. PW6/H. The accused Mohd. Ramzan is alleged to have helped the accused Irfan Kausar to collect the vital secret military information.
The offending documents allegedly recovered from the possession of the accused Irfan Kausar are opined to be prejudicial to the safety, security and interest of the state. The information containing in the offending documents can be directly or indirectly useful for the enemy country and is directly connected with the defence matters of the country. The Voter ID card (Ex. P1) which has been allegedly recovered from the accused Irfan was found to be forged. The accused Irfan Kausar was a citizen of Pakistan and has been residing in India unauthorizedly and without any required permission.
It is further the case of the prosecution that the accused Minhaj had given shelter to the accused Irfan Kausar at his residence H.No. 77, Gali No. 1, DBlock, Chand Bagh, Bhajanpura, Delhi. The accused Minhaj has given to the accused Irfan Kausar fake identity of Maqsood Ahmad S/o Shri Mir Hassan Thekedar.
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2. After investigation of the case, the investigating officer (IO) has filed the chargesheet against the accused persons U/s 3/9/10 of The Official Secrets Act, U/s 468/471/474/120B IPC and U/s 14 of Foreigners Act. The charge U/s 3/9 of The Official Secrets Act was framed against the accused Irfan Kausar and the accused Mohd. Ramzan. The charge U/s 468/471 and U/s 14 of The Foreigners Act was framed against the accused Irfan Kausar and the charge U/s 10 of Official Secrets Act was framed against the accused Minhaj. The accused persons had pleaded not guilty to the charges and claimed trial.
3. In order to prove its case, prosecution has examined 26 witnesses. The statement of accused persons U/s 313 Cr. P.C. were recorded in which they had denied the case of the prosecution and had not examined any witness in their defence.
4. I have heard the Ld. APP for the state and Ld. counsel for the accused persons and perused the evidence on record.
5. PW1 ASI Ramesh Chandra has proved the FIR as Ex. PW1/B. PW2 SI Suresh Kumar had deposed that on 7.09.05, he was posted in Anti Extortion crime branch office and he was directed by Insp. Jasbir Malik to organize a raiding party. He called the police officials namely ASI Gyanender, H.C. Virender, Ct. Sanjay, Ct. Balwan, Ct.
Sunil, Ct. Krishan, Driver Ct. Sukhvir. They all left their office and
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reached at Takshak Cyber Cafe at Village Mohammad Pur at about 4.55 p.m. At the instance of secret informer, accused Irfan Kausar was apprehended as he was sitting at that time at computer No. 19 and he was operating the computer. The articles Ex. P1 to P7 were recovered from the possession of the accused. The accused firstly disclosed his name as Ashok Kumar and then he disclosed his name as Irfan Kausar. The recovered documents were seized vide seizure memo Ex. PW2/A. PW2 has further deposed that he sent the rukka and got the FIR registered. SI Jagdish came at the spot to investigate the case. He handed over recovered documents to SI Jagdish. They along with the other police officials reached at house of the accused Mohd. Ramzan on 9.9.05. He has identified the case property.
PW6 H.C. Sanjay is the member of the raiding party and he has deposed on the same lines as PW2. He has deposed that on 8.9.05 the accused Irfan Kausar pointed out one house bearing No. D77, Chand Bagh, Bhajanpura, Delhi and from a room of ground floor of the premises, he got recovered a bag containing the articles Ex.P10 to Ex. P12 which was seized vide seizure memo Ex. P10 to Ex. P12.
PW6 has further deposed that at the instance of the accused Irfan Kausar, the accused Mohd. Ramzan was apprehended and was arrested. The accused Mohd. Ramzan got recovered from the Almirah of his house, one Camera (Ex. P15) and one Negative Roll (Ex. P16) and SC No. 71/10 Page 6of 22 7 the same were seized vide seizure memo Ex. PW6/H. He has identified the case property.
PW9 ASI Gyandender Singh was also the member of the raiding party and has deposed on the same lines as PW2. He has also deposed that he had taken the rukka which is Ex. PW1/A and was directed to reach at police station R.K. Puram to get the FIR registered. He has also deposed about the recovery effected at the instance of the accused Irfan Kausar from H.No. D77, Chand Bagh, Bhajanpura, Delhi. He has identified the case property. He has also deposed that on 9.5.06 the accused Minhaj was arrested from H.No. D77, Gali No. 1, Chand Bagh, Bhajanpura, Delhi vide arrest memo Ex. PW9/B. PW16 ACP Jasbir Singh Malik has deposed that on 7.9.05, he received an information that one Pakistani is indulging in the Anti National activities. He discussed the information with the senior officers of Extortion Cell. The information was that the accused is sending the information to Pakistan through Takshak Cyber Cafe. They proceeded to village Mohammad Pur. On the pointing of the secret informer, the accused Irfan Kausar was apprehended.
PW17 SI Jagdish Kumar is the Investigating Officer of the case. He has deposed that on 7.9.05, at about 8 p.m., he reached Takshak cyber cafe, Mohammad Pur. SI Suresh Kumar handed over to him one SC No. 71/10 Page 7of 22 8 sealed envelop, one seizure memo, copy of rukka and the accused Irfan Kausar. He prepared the site plan. The accused Irfan Kausar led the police party at 77, Chand Bagh, Bhajanpura in the house of accused Minhaj and from a room the accused produced a bag containing the articles Ex. P10 to Ex. P12. In the evening of 8.9.05, the accused Irfan Kausar led the police party to Maler Kotla Punjab and they reached at the house of the accused Mohd. Ramzan. The accused Mohd. Ramzan was apprehended and one camera and negative roll was recovered which was seized vide seizure memo. During further investigation, the accused Irfan Kausar led the police party to Grand Hotel where he had stayed. The accused led the police party to Swarn Cyber Hut from where he had sent the email. The accused further led the police party to Blue Horizen Money Changer where the accused has exchanged 200 dollars to arrange Indian currency. The offending documents were sent to Military Intelligence No. 9 regarding their opinion. The questioned documents and specimen handwritings were also sent to FSL Rohini. On 9.5.06, the accused Minhaj was arrested from Chand Bagh, Bhajan Pura, Delhi. The accused Irfan Kausar and accused Minhaj were arrested by the Gokul Puri Police Station U/s 107/151 Cr.PC. He collected the arrest memo, personal search memo and MLC. On the MLC, there was thumb impression of the accused Irfan Kausar. The accused Irfan Kausar had used his name as Maqsood when he was arrested by the police of PS SC No. 71/10 Page 8of 22 9 Gokulpuri. The thumb impression of the accused Irfan Kausar along with specimen thumb impression on the MLC of the accused Maqsood arrested U/s 107/151 Cr.PC were sent for opinion. He proved departure entry to Takshak Cyber cafe vide DD No. 11 which is Ex. PW17/A and the arrival entry vide DD No. 12 which is Ex. PW17/B, site plan as Ex. PW17/C. Time tracking slip paid which was seized from Takshak Cyber cafe as Ex. PW5/A. He has identified the case property.
PW23 H.C. Anand Singh has joined the investigation with PW17 and has deposed as to the arrest of the accused Minhaj on the same lines as deposed by PW17.
PW3 Shri Ram Niwas from BDO Office Complex has proved the report as Ex. PW3/A and as per the report, the voter Identity card bearing No. DL/02/030/223939 has not been issued from their office.
PW14 Shri Sanjiv Mittal, Assistant Commissioner from VAT Department has proved the letter as Ex. PW14/A in which he has written to SI Jagdish Kumar that the voter identity card No. DL/02/030/223939 may have been issued from AC30 and his area does not fall in AC27(Hastsal)/AC12(Janakpuri).
PW4 Shri Raj Kuamr Bansal has deposed that he is running a computer center with the name and style "Swarn Computer Cyber Hut"
at S.A. Jain College Road, Ambala City, Haryana. On 11.9.05, at about SC No. 71/10 Page 9of 22 10 2 p.m. he has told to the police that accused Irfan Kausar had come twice in that cyber hut and he had used Internet. On the pointing out of the accused, IO prepared the documents Ex. PW4/A. PW7 Shri Vijay Kumar has deposed that he has been working as Receptionistcumclerk in Grand Hotel at Ambala City, Haryana since 1994. As per record, the accused Irfan Kausar came to their hotel on 4.8.05 and at that time he had disclosed his name as Ashok Kumar and he stayed in their hotel for about two days and proved the entry made in the register as Ex. PW7/A. The accused again came to their hotel on 6.8.05 and stayed for one day and proved the entry made in the register regarding his stay as Ex. PW7/B. The accused came at their hotel on 7.8.05 and took stay for five days. The entry in this regard is Ex. PW7/C. PW8 Shri Jasbir Singh has deposed that he has been running a shop of Money Exchanger at B2, Opposite Main Bus Stand, Ambala City, Haryana. The accused Irfan Kausar had come at his shop about one month ago and he had exchanged 200 dollars in Indian currency/rupees.
PW24 H.C. Krishan Lal has deposed that on 20.8.05, a kalandara U/s 107/151 Cr.PC of PS Gokulpuri was prepared against the Maqsood Ahmad and he was arrested. However, subsequently his real name revealed to be Irfan Kausar.
PW5 Shri Santosh Kumar has deposed that in the year 2005 SC No. 71/10 Page 10of 22 11 he was working in Takshak Cyber Cafe at Village Mohammadpur near Bhikaji Cama Place, the accused Irfan Kausar had taken the receipt No. 819 for using the Internet in the Cyber Cafe and was sitting at computer seat No. 19. The police apprehended the accused Irfan and got recovered the articles Ex. P1 to P7 which was seized vide seizure memo Ex. PW2/A. He has also identified the articles as recovered from the accused.
PW13 Bhupender Singh is the owner of Takshak Cyber Cafe. He has deposed that on receiving of the information from his employee Santosh Kumar, he went to the cyber cafe. The accused Irfan Kausar was already taken away by the police of crime branch. He proved the seizure memo of telephone bills regarding the use of Internet as Ex. PW5/B. He has certified that Shri Santosh Kumar is working with him vide certificate as Ex. PW13/A. PW25 Ct. Roop Narain has deposed that a kalandara vide DD No. 7B dt. 20.8.05 PS Gokul Puri was instituted in the court of SEM Seelampur. The relevant entry in the register is proved as Ex. PW25/A. PW11 Shri Tajender Luthra D.I.G. has deposed that one letter Ex. PW11/A was sent to the Deputy Secretary (Home) Govt. of N.C.T. Of Delhi to get the sanction order under SubSection 3 of Section 13 of the Official Secret Act. The sanction order was received on 5.11.05. the complaint Ex. PW11/B was prepared by him and sent to the SC No. 71/10 Page 11of 22 12 court of Ld. CMM.
PW15 Shri Virender Kumar, Under Secretary, from Ministry of Home Affairs proved the covering letter of prosecution sanction against the accused Irfan Kausar and Mohd. Ramzan as Ex. PW15/A and the sanction order as Ex. PW15/B. PW22 Shri Virender Kumar, Under Secretary from Ministry of Home Affairs proved the order as Ex. PW17/P authorizing Shri A.C. Cheema DCP to make a complaint in the court of competent jurisdiction.
PW26 Shri A.S. Cheema, IPS has proved the complaint as Ex. PW17/N which has been filed before the court of Ld. CMM against the accused Minhaj.
PW18 Ct. Rajinder from SDM Court has deposed that the concerned record has been sent to the court of Ld. CMM in terms of the summons in case FIR No. 477/05 PS R.K. Puram.
PW21 Ct. Rajesh Kumar has deposed that on 22.5.06 the Investigating Officer of the case has obtained the specimen signatures of the accused Irfan Kausar in his presence on three papers which is Ex. PW17/K collectively.
PW10 Col. N.D. Joshi, Directorate General, Military Intelligence, MI17, Integrated Head Quaqrter, Sena Bhawan has proved the opinion on 21 photographs {Ex. P12 (1 to 21)}and one hand made sketch (Ex. P3) as Ex. PW10/C. SC No. 71/10 Page 12of 22 13 PW12 Lt. Col. K.S. Kanwar has also proved the opinion as given by Lt. Col. K.J. Singh as Ex. PW10/C. PW19 Shri Sanjay Kumar Jha, Finger Print Expert has proved his detailed report of examination of specimen thumb impression of the accused Irfan Kausar and of the questioned thumb impression as Ex. PW17/A. PW20 Shri Devak Ram, Senior Scientific Officer from FSL Rohini has proved his detailed report as to the examination of specimen writing and signatures of the accused Irfan Kausar as Ex. PW17/J.
6. Ld. Counsel for the accused persons has argued that the accused has been falsely implicated in the case. The alleged recovered documents/articles were falsely planted upon the accused Irfan Kausar and accused Mohd. Ramzan. The recovery of alleged documents/articles is also doubtful as no public witness was joined in the raiding party at the time of seizure of the documents. There is no evidence on record to prove that the alleged recovered documents are likely to affect the sovereignty and integrity of India. The prosecution has failed to prove its case beyond any reasonable doubt against the accused persons. There is no evidence on record to link the accused persons with the alleged offences. The accused Irfan Kausar has gone to Nepal on valid passport and was arrested in Nepal. The accused is entitled for acquittal.
On the other hand, Ld. APP has argued that the prosecution SC No. 71/10 Page 13of 22 14 has proved its case beyond any reasonable doubt against the accused persons.
7. It has been observed by Hon'ble Supreme Court in AIR 2003 SC 1311: "There is no principle of law that without corroboration by independent witness the testimony of police personnel cannot be relied upon - Presumption that person acts honestly applies as much in favour of police personnel as of other persons - It is thus not proper judicial approach to distrust and subject them without good grounds."
It has also been observed by Hon'ble Supreme Court in AIR 1973 SC 2783 as follows: "The mere fact that the prosecution witnesses are police officers is not enough to discard their evidence, in the absence of evidence of their hostility to the accused."
PW2, PW6, PW9, PW10, PW7 were the members of the raiding party and they have supported the case of the prosecution. They have been crossexamined by the accused persons but no such material has been come on record to disbelieve their testimonies. Moreover the case of the prosecution is also supported by the testimony of PW5 as to the recovery of documents from the possession of the accused Irfan SC No. 71/10 Page 14of 22 15 Kausar at Takshak Cyber Cafe.
In my view, from the evidence produced by the prosecution it is proved that the documents/articles Ex. P1 to P7 and Ex. P10 to P12 were recovered from the accused Irfan Kausar. It is also proved that the articles camera (Ex. P15) and negative roll (Ex. P16) were recovered from the accused Mohd. Ramzan.
8. The accused Irfan Kausar is alleged to be a citizen of Pakistan and was found to be living in India unauthorizedly. It is not disputed that the accused Irfan Kausar is a citizen of Pakistan. The accused has not brought any evidence on record to prove that he was living in India authorizedly and with required permission. The prosecution has proved that the accused Irfan Kausar was living in India unauthorizedly and without required permission.
9. The voter Identify card (Ex.P1) as recovered from the possession of the accused Irfan Kausar was in the name of Ashok Kumar and the accused Irfan Kausar has used this voter card to show his identity as Ashok Kumar instead of his real identify as Irfan Kausar to cheat the police officials. The voter Identity card as per the report Ex. PW3/A is proved to be forged.
10. The offending documents 21 photographs {Ex. P12) (1 to
12)} and the handmade sketch (Ex. P3) recovered from the possession of the accused Irfan Kausar were opined as per the report Ex. PW10/C as SC No. 71/10 Page 15of 22 16 follows:
(a) The docu contain cl mil info and loc of mil units, fmns and sketch/photographs of sensitive mil instlns
(b) The info contained in the docu if disclosed to unauth persons could be prejudicial to safety, security and interest of the state.
(c) The info contained in the docu can be directly or indirectly useful to an en country or potential inimical country.
(d) The info contained in the docu is directly connected with the def matters of the country.
11. As per the case of the prosecution the accused Minhaj knowingly harbour the co accused Irfan Kausar in his premises H.No. 77, Chand Bagh, Bhajanpura, Delhi after having knowledge about his involvement in spying activities.
After considering the evidence on record I am of the opinion that there is no evidence on record which would prove that the accused Minhaj has harboured the coaccused Irfan Kausar.
12. The case of the prosecution against the accused Mohd. Ramzan is that he has assisted the accused Irfan Kausar in collecting the vital secret military information activities. The only evidence against the accused Mohd. Ramzan is that the Camera (Ex. 15) and negative roll (Ex. P16) was recovered from his premises at his instance. The negative roll was alleged to be of the photographs which are recovered from the SC No. 71/10 Page 16of 22 17 possession of the accused Irfan Kausar. The prosecution has not produced any expert evidence on record to prove that these photographs are developed out of the negatives which were allegedly recovered at the instance of the accused Mohd. Ramzan. There is also no evidence on record to prove that the accused Mohd. Ramzan has assisted the accused Irfan Kausar in collecting the military information. The mere recovery of Ex. P15 and Ex. P16 does not make the accused Mohd. Ramzan liable for the offence U/s 3/9 of The Official Secret Act.
13. It has been observed by the Hon'ble High Court of Delhi in Amin Chand Vs. State 1987 Crl. L. J. 1034 as follows: "In the matter of proof of the offence under S.3(1), S. 3(2) lays down a rule of presumption and not of evidence. Nor does it in any way dilute the degree of proof required for proving the criminal case which includes a case under the Act, as well as. In a trial for the offence under S.3(1) the prosecution need not prove any particular act of the accused tending to show a purpose prejudicial to the safety or interest of the State. In the absence of proof of any such particular act it entitles the Court to convict the accused if from the proved circumstances of the case or from the proved conduct or character of the accused it appears that SC No. 71/10 Page 17of 22 18 his purpose was a purpose prejudicial to the safety or interest of the State. Here again, this inference can only be drawn if there is some proof, admissible material on the record and not otherwise. A case under the Act has to be proved like any other criminal case and the burden on the prosecution is in no way lessened. The principle that no conviction can be based on assumption and conjectures or on suspicion however strong equally applies to a case under the Act."
It has been observed by the Hon'ble Supreme Court in AIR 1996 Supreme Court 569 as follows:
"While providing for a presumption to be raised in prosecution for the offence punishable under that section the phraseology used by the legislature is "if any sketch, plan, model, article, note, document or information relating to or used in any prohibited place, or relating to anything in such a place, or any secret official code or password is made, obtained, collected, recorded, published or communicated".
From the way the saidsection is worded it becomes apparent that the qualifying word 'secret' has been used only with respect to or in relation to official code or password and the SC No. 71/10 Page 18of 22 19 legislature did not intend that the sketch, plan, model, article, note document or information should also be secret."
It is proved on record from the testimony of PW4, PW7 and PW8 that the accused Irfan Kausar has used cyber cafe at Ambala and had stayed at Ambala Cantt. and has exchanged the 200 dollars for Indian currency. It is also proved on record from the report of Ex. PW17/A of finger print expert that the accused Irfan Kausar has used his name as Maqsood Ahmad at the time of his arrest in Kalandara U/s 107/151 Cr.PC. of P.S. Gokulpuri. As discussed above, it is also proved that the accused Irfan Kausar is a Pakistan National and is living in India without any authorization and that he is found in possession of the offending documents. After taking into consideration all these facts which are proved on record, I am of the opinion that the accused Irfan Kausar has collected the "offending documents" for the purpose prejudicial to the safety or interest of the state.
14. In view of the above discussions, the prosecution has proved its case beyond reasonable doubt against the accused Irfan Kausar U/s 3 of The Official Secret Act, U/s 14 of The Foreigners Act, U/s 468 IPC and 471 IPC. Accordingly, accused Irfan Kausar is convicted thereunder.
The prosecution has failed to prove its case against the accused Mohd. Ramzan U/s 3/9 of The Official Secret Act. Accordingly, SC No. 71/10 Page 19of 22 20 accused Mohd. Ramzan is acquitted. His bail bond stands cancelled. Surety is discharged.
The prosecution has failed to prove its case against the accused Minhaj U/s 10 of The Official Secret Act. Accordingly, accused Minhaj is acquitted. He be released forthwith if not required in any other case.
Announced in the open court (Rajneesh Kumar Gupta)
today i.e. on 17.09.11 Additional Sessions Judge01/West
Tis Hazari Courts, Delhi
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IN THE COURT OF SHRI RAJNEESH KUMAR GUPTA,
ADDITIONAL SESSIONS JUDGE01, DISTT. WEST, TIS HAZARI COURTS, DELHI.
S.C. No. 71/10 FIR No. 477/05 PS R.K. Puram U/s 3/9/10 O.S. Act, U/s 468/471/474/120B IPC and 14 The Foreigners Act 19.9.2011 Pr. APP for the state Accused Irfan Kausar in J/C. ORDER ON SENTENCE I have heard Ld. APP for the state and the accused on the point of sentence.
The accused has prayed for mercy and has submitted that he is aged about 33 years. He has aged parents. He has submitted that he is in J/C since 7.9.2005 and he has no past criminal record.
On the other hand Ld. APP has argued that the accused has committed serious offences and he be sentenced to maximum punishment.
SC No. 71/10 Page 21of 22 22 Keeping in view the submissions of the accused and the facts and circumstances of the case, the accused Irfan Kausar is sentenced to RI for a term of six years U/s 3 of The Official Secrets Act and he is sentenced to RI for a term of three years and a fine of Rs. 10,000/ in default SI for two month U/s 14 of The Foreigners Act and he is sentenced to RI for a term of three years and a fine of Rs. 1000/ ID SI for fifteen days U/s 468 IPC and he is sentenced to RI for a term of three years and a fine of Rs. 1000/ ID SI for fifteen days U/s 471 IPC. All the sentences shall run concurrently. Benefit of Section 428 Cr.PC is given to the accused.
File be consigned to Record Room.
Announced in the open court (Rajneesh Kumar Gupta) today i.e. on 19.09.11 Additional Sessions Judge01 (West) Tis Hazari Courts, Delhi.
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