1. - Since both these appeals arise out of the impugned judgment dated 28.01.2008 passed by the Additional Sessions Judge (Fast Track) No. 2, Jaipur City, Jaipur, therefore they are being decided together.The learned Judge has convicted the appellants as under:-

2. Shahnawaj was convicted under Section 3(1) of the Official Secrets Act, 1923 (the Act, for short) and sentenced to fourteen years of simple imprisonment; he was imposed with a fine of Rs. 5,000/-, and was directed to further undergo one year of simple imprisonment in default thereof. He was also convicted for offences under Sections 3/14 of the Foreigners Act and sentenced to three years of simple imprisonment, and imposed with a fine of Rs. 1,000/-, and further directed to undergo three months of simple imprisonment in default thereof.

3. Hasim Ali was convicted for offences under Sections 3/9 of the Act and sentenced to three years of simple imprisonment, and imposed with a fine of Rs. 1,000/- and was directed to further undergo three months of simple imprisonment in default thereof.

4. Briefly the facts of the case are that Jagram Meena (P.W.3), Superintendent of Police, Special Police Station Jaipur, lodged a criminal complaint, wherein he claimed that on 03.08.2005, the police had received a secret information that there is a person standing in front of the Passport Office, situated on Tonk Road, Jaipur who is standing there under suspicious circumstances. Upon this information, the police reached the Passport Office; they discovered a person, who was similar to the description given by the secret informer. When the police intercepted the person, initially, he revealed his name as Sahnawaj and claimed to be a resident of Calcutta who was presently residing at Jaipur. However, after some time, he admitted that he is actually a resident of Lahore in Pakistan. He further informed them that he has been sent by the Pakistani Secret Services via Bangladesh. Upon his search, the police discovered a black colour wallet, which contained an ATM card of Punjab National Bank, a receipt of the Passport Office showing his passport application had been deposited therein, a small size Holy Koran, and Rs. 30/-of Indian currency. They also discovered one mobile phone of Samsung company, and a black pocket diary. The black diary clearly contained telephone numbers of Delhi, Lahore and Dhaka as well as some information regarding official secrets.Shahanwaj was arrested and brought to the police station. A case was registered for offences under Sections 3, 3/9 of the Act and for offence under Section 3/4 of Foreigners Act. Subsequently, 03.08.2005, Shahanwaj Khans house was also searched; the police discovered a ration card in the name of Shahanwaj and his wife, a completed application for getting the bona fide residence certificate. The police also discovered a ration card belonging to Hasim Ali, and a photocopy of the identity card of Hasim Ali issued by the Election Commissioner of India. They further discovered a camera with a film roll inside it. Subsequently, a complaint was filed against both the appellants under Sections 3,3/9 and 10 of the Act, and for offences under Sections 3/14 of the Foreigners Act. However, against Hasim, the charge was framed only for offence under Section 3/9 of the Act; he was discharged for offence under Section 10 of the Act.

5. In order to prove its case, the prosecution examined forty witnesses, and submitted sixty documents. In defence, the accused-appellants neither examined any witness, nor submitted any documents. After going through the oral and documentary evidence, vide judgment dated 28.01.2008, the learned Judge convicted and sentenced the appellants as aforementioned. Hence, these two appeals before this court.S.B. Criminal Appeal No. 1084/2009

6. Mr.Padam Singh, the learned counsel for the appellant, Shahanwaj Khan, has strenuously contended that the learned Judge has not appreciated the evidence in proper perspective. According t