Mens rea is essential for convictions under cyber terrorism and espionage statutes; negligence alone does not meet the threshold required for severe charges.

JUDGMENT :

Anil S. Kilor, J.

1. Heard.

2. This is an appeal filed under Section 374 of the Criminal Procedure Code questioning the legality and validity of the judgment and order dated 3^rd June, 2024 passed by the learned Additional Sessions Judge-1, Nagpur in Sessions Case No.726 of 2021, thereby convicting the appellant for offences punishable under Section 66-F of the Information Technology Act, 2000 (hereinafter referred to as “the Act of 2000”) read with Section 3(1)(c) and Section 5(1)(a), (b), (c) and (d) of the Official Secrets Act, 1923 (hereinafter referred to as “the Act of 1923”).

3. The appellant is sentenced to suffer life imprisonment for the offence punishable under Section 66-F of the Act of 2000. He is sentenced to suffer rigorous imprisonment for fourteen years under Section 3(1)(c) of the Act of 1923 and is further sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.3,000/-, in default to suffer further simple imprisonment for six months under Section 5(1)(a), (b), (c) and (d) and Section 5(3) of the Act of 1923.

4. As recorded by the trial Court, it is the case of the prosecution that the informant Harishanker Mishra (PW-1) filed a First Information Report stating that he received secret information that Neha Sharma and Pooja Ranjan were operating the Facebook accounts in the fake names from Pakistan. The said foreign agents and spy are in contact via Internet through these Facebook accounts with the unknown employees holding important posts in various defence establishments in India. Important data was leaked through them, which was pertaining to National Security. The ID of Neha Sharma was URL https://www.facebook.com/100009767463432 and email ID was braveneha@yahoo.com and the ID of Pooja Rajan was URL https://www.facebook.com/100009951960524 and the email ID was poojaranjan923@gmail.com. These Facebook accounts were operated from Pakistan and it was likely to adversely affect the sovereignty, integrity and security of India, which was directly useful to an enemy. So, he filed the report at ATS, Lucknow, Uttar Pradesh.

5. The offence was registered vide Crime No.7 of 2018 under Sections 419, 420, 467, 468, 121A, 120B of the Indian Penal Code and under Section 66-F of the Act of 2000 and under Sections 3, 4, 5, 9 of the Act of 1923.

6. The proposal for sanction order under Section 13(3) of the Act of 1923 was sent to the Secretary (Home), Government of Uttar Pradesh, Lucknow. The investigation was handed over to the Investigating Officer Inspector Pankaj Awasthi, ATS Uttar Pradesh, Kanpur. For the investigation purpose, he received the copy of report, general diary and related documents.

7. After going through the report, he recorded the statement of Inspector Harishankar Mishra, the informant, and Yogendranath Shukla, the Head Constable, who registered the offence. He issued the letter to the Director, Indian Computer Emergency Response Team, Ministry of Information and Technology, Government of India, Delhi and sought the details of Facebook accounts and IP, creation IP address and other relevant details. He issued letter by official e-mail to Deputy Superintendent of Police Sonkar.

8. He opened the Facebook accounts of Pooja Ranjan and Neha Sharma and found two Scientists, namely Debmalya Roy and Aarti Kolhe, working in DMSRDE, Kanpur and accused Nishant Agrawal, working at BrahMos Aerospace, Nagpur are in the friend-list of Pooja Ranjan and Neha Sharma. With the help of Cert-In, New Delhi, the Inves