JUDGMENT :

1. Heard Sri Imran Mabood Khan and Sri Rajrshi Gupta, learned counsels for the appellant and Sri Satish Pandey, learned A.G.A. for the State.

2. This criminal appeal has been preferred against the judgement and order dated 18.11.2017 passed by Additional Sessions Judge, Court No. 3, Rampur, in S.T. No. 293 of 2003 (State Vs. Shakeel Ahmad) convicting the appellant u/s 3(B)(C) of Official Secrets Act, Section 420 I.P.C. and Section 12 of Passports Act and sentencing him to undergo rigorous imprisonment for 10 years u/s 3(B)(C) of Official Secrets Act; 5 years rigorous imprisonment u/s 420 I.P.C. along with fine of Rs. 5,000/-, in default of payment of fine to further undergo two months imprisonment; 2 years rigorous imprisonment and a fine of Rs. 500/-u/s 12 of the Passports Act, in default of payment of fine, further 15 days imprisonment.

3. The prosecution case is that the informant Sunil Tyagi, S.I., S.T.F., Lucknow, Uttar Pradesh lodged an F.I.R at P.S.-Ganj, District-Rampur stating that Special Task Force, Lucknow, was receiving information from various agencies that some people are sending inputs to the I.S.I. and field intelligence units of Pakistan through different sources with intent to harm the country and in the situation of war, help Pakistan. On the basis of this information, S.S.P., S.T.F. Sri Rajeev Ranjan Verma, constituted a team for the purpose of collecting information and Additional Superintendent of Police, Sri H.N. Singh was appointed for this purpose. After investigation and collection of information from various sources, it was found that the appellant, Qari Shakeel, son of Mohd. Rashid, resident of Mohalla Chaah Khazaan Khan, Pahari Gate, P.S.-Ganj, District-Rampur, had gone to Pakistan many times. He is working for Pakistan Intelligence Agency and talks to Pakistani Intelligence Officer from the P.C.O. booth of Iqbal near his house and sends confidential information to Pakistan.

4. On 01.02.2003, on the basis of information received from the informer that in the night, Shakeel Ahmad will pass on the information from the aforesaid P.C.O. to Pakistani agent, the police team nabbed him while he was going to the P.C.O. of Iqbal. On being nabbed, he informed his name as Hafiz Qari Shakeel, son of Mohd. Rashid, resident of Mohalla Chaah Khazaan Khan, Pahari Gate, P.S.-Ganj, District-Rampur. From the search of his person, a passport no. L-165640 issued from Bareilly Passport Office on 26.05.1992 was recovered from his jacket pocket. In the passport, name of passport holder was mentioned as Hafiz Shakeel Usmani, son of Rashid Sulemani, resident of Mohalla Chaah Khazaan Khan, Pahari Gate, Rampur, and it was valid upto 25.05.2002. The date of birth of passport holder was mentioned in the passport was 20.10.1969. The 2nd recovery was of a photocopy of passport no. A385003 dated 28.01.1991 valid upto 27.01.2001 in the name of Md. Shakeel Sultani, son of Rashid Ahmad Usmani, resident of Mohalla Chaah Khazaan Khan, Pahari Gate, Rampur having date of birth 10.05.1960. On the original passport and photocopy, photograph of Qari Shakeel was affixed. The 3rd recovery was a blue-coloured old pocket diary wherein telephone numbers and addresses of Pakistan were written in Urdu. The 4th recovery was a computerized card of Pakistani Hospital. The 5th recovery was of an identity card whereon name mentioned was Md. Shakeel Sultani and it bore seal of S.M. Hussain, Manager, Furqania Darul Ulam with a photograph. The 6th recovery was a foreign diary of 1999 wherein on the place of name and address, name of Hafiz Qari Mohd. Shakeel Usmani, son of Mr. Rashid Ahmad Usmani, resident of Mohalla Chaah Khazaan Khan, Pahari Gate, P.S.-Ganj, District-Rampur, was mentioned in English and Urdu. The address of Pakistan and other places were mentioned in the diary. The 7th recovery was of a telephone bill in the name of Jamil Ahmad Kadri, resident of 49/50, No. 5-F North Karachi of January 2000 of Pakistan Telecommunications Company