Z.K. Saiyed, J.—The appellant has preferred this appeal under Section 374(1) of the Code of Criminal Procedure, against the impugned judgment and order of conviction and sentence passed by the learned Addl. Sessions Judge & Presiding Officer, Fast Track Court No. 11, Gondal, camp at Dhoraji in Sessions Case No. 12/2003, whereby, the learned Judge has convicted the appellant for the offence under Section 3 of Indian Official Secret Act, 1923 and sentenced him to undergo R/I for 10 years and he was also convicted for offence under Section 5 read with Section 9 of Indian Official Secret Act, and sentenced him to undergo R/I for 3 years. It was further ordered that the all the sentences to run concurrently.

2. The facts of the prosecution case is that on 3.9.2002 Mr Gohil, P.I., LCB, Rajkot was present with his staff members along with Dy. S.P., Gondal Mr. Chauhan near Dhoraji Azad Police Chowki. At that time, from his informant, he received an information that one Mr. Shahid @ Shahido Memon, resident of Andhariawad, Dhoraji, has collected secret documents of Military of India, like Radar, Bridges, Airport, etc. which are prohibited areas, in the form of photographs and document