The main legal point established in the judgment is the guilt of the accused under specific sections of the Indian Penal Code, Official Secrets Act, and Foreigners Act, as well as the directive to deport the accused to his own country.

JUDGMENT :

1. The above criminal appeal has been filed by the State against the judgment and order dated 10.04.2014 passed by Special Judge (Scheduled Caste and Scheduled Tribes Act)/ Additional Sessions Judge, District Lucknow in Sessions Trial No.237 of 2007 arising out of Crime No.132 of 2006, under Sections 115, 120-B, 121, 121A, 123, 420, 467, 468 and 471 of the Indian Penal Code 1861 (in short I.P.C.) and Section 3/9 and 5/9 of Official Secrets Act, 1923 and Section 3/14 of Foreigners Act, 1946, Police Station Cantt., Lucknow, whereby the accused/respondent has been acquitted of charges under Sections under Sections 115, 120-B, 121, 121A and 123 of I.P.C. and accused/respondent was punished with allegedly lessor sentence under Sections 467, 468 and 471 of I.P.C. and Section 3/9 and 5/9 of Official Secrets Act and Section 3/14 of Foreigners Act. The State-appellant prayed also for enhancement of the sentence, awarded to the accused/respondent.

2. The above petitioner for writ of Habeas Corpus has been filed by the petitioner/accused for his release and deportation to his own country i.e. Pakistan. This Criminal Appeal and this Habeas Corpus Writ Petition are interrelated, so we are disposing them of with a common judgment.

3. The brief factual matrix of the case is as under:

I. The respondent/accused Taseen Azeem @ Lareab Khan was arrested by Special Task Force, U.P. Lucknow on 13.09.2006 at 12:05 P.M. on the basis of information received. Upon his arrest it was revealed that he was living in India illegally with fake identity in the name of Lareab Khan son of Gulab Khan and working as an agent of Pakistan Intelligence Agency and transmitting the confidential information of India through email. He also got prepared forged driving license, educational certificates of High School, Intermediate and B.A. in the name of Lareab Khan. Some documents in the name of Precyze Company, some maps and other documents were recovered from the respondent/accused. It was also found that respondent/accused was staying in India since two years with a fake name of Lareab Khan and stayed at different places on rent and also stayed in the hotels at different places. It has also been mentioned in the First Information Report (in short F.I.R.) that during the course of stay in India with the help of Imtiyaz Ahmad he got the job in one placement Company situated in Gomti Nagar, Lucknow, thereafter he also did the job in Life Line and started a partnership Company alongwith Rahul Siddhartha and Fariuddin Ahmad and got prepared the documents by Miraz alias Pappu and stayed for nine months at Akhtar Guest House in Mumbai. He also shared a room with some Merchant Navy personnel. It has also been alleged that a book 'C.I.A. Vs. India, Asia and Afghanistan' was also recovered from the possession of respondent/accused. It has also been alleged that respondent/accused used to give information on mobile phone to I.S.I., cross border through one Javed. He used five email ids for transferring the information to Pakistan. The information sent in respect to Indian Army to Pakistan’s I.S.I. and were written in coded language. Allegedly some Secret documents related to military were also recovered from the possession of the accused/respondent. It was also found that through Western Union Money Transfer Bank the respondent/accused used to receive money from Pakistan. When the accused/respondent was interrogated upon arrest, he told the arresting official that his real name is Taseem Anzim son of Raees Azam, resident of House No.A 522 Sector 11 A Northern Karachi, Pakistan. He has four brothers and three sisters and all are younger to him and his father does some glass business in Karachi. He came to India for spying. He was sent by Pakistani officials after giving some training there. He used to send some documents related to army and some important informations to