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2002 Supreme(Guj) 845

A.L.DAVE, AKSHAY H.MEHTA
KASAM LAKHA SAMA – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.R.Thakkar, S.S.PATEL

A. L. DAVE, J.

( 1 ) IN this appeal the appellant has challenged the judgment and order of conviction and sentence passed by the learned Addl. Sessions Judge, Kutch at Bhuj in Sessions Case No. 75 of 1992 which was tried alongwith Sessions Case No. 89 of 1998. The appellant has been convicted for committing offence made punishable under Section 3 (1) (b) (c) of the Official Secrets Act and he has been sentenced to suffer rigorous imprisonment (RI) for a period of 14 years and to pay a fine of Rs. 5,000. 00, in default further RI for 3 years. 1. 1. THE appellant is the original accused of Sessions Case No. 75 of 1992. The other original accused of that case, namely Junas Dosal Sama has been acquitted by the learned trial Judge of the offences with which he was charged. Similarly the learned Judge has also acquitted original accused of Sessions Case No. 89 of 1998, namely Ismail Mahmed Sama of the offences with which he was charged. Both these cases have been disposed of by the learned trial Judge vide common judgment dated 31/08/2000.

( 2 ) THE case of the prosecution in short can be stated as under :-2. 1. UPON receiving information from his informant to the effect that the appellan












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