Honble SHARMA, J.–This criminal appeal under Section 374 Cr.P.C. arises out of the judgment dated 31.7.2002 passed by the learned sessions Judge, Jaipur City, Jaipur whereby the learned Sessions Judge has convicted the appellant for offence under Section 3/9 of the Official Secrets Act, 1923 and sentenced him to undergo rigorous imprisonment for five years.

(2). Succinctly stated the facts of the case are that the Station House Officer, Special Police Station, Rajasthan, Jaipur filed a complaint Ex.P.49 in the court of Chief Judicial Magistrate, Jaipur City, Jaipur alleging therein that on 7.6.1994, Additional S.P., CID, Border Intelligence (Seema Pragyan), Jaisalmer received a secret information to the effect that one Moldin is involved in espionage (Jasoosi) and sending important information concerning Indian Army, Field Firing Range, Air Force, Canal and Roads etc. to the officials of Pakistan Intelligence. He is present at Thaiyat Fanta and intends to leave for Pakistan. Having received the above information, Additional Superintendent of Police along with his staff reached the pointed place and found present a person of the description as stated by the informant. He was caught w

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