Additional Sessions Judge Rajneesh Kumar Gupta convicted 33-year-old Irfan Kausar after it was proved that he was a Pakistani national and was found in possession of several sensitive military documents.
"The accused Irfan Kausar has collected the 'offending documents' for the purpose prejudicial to the safety and interest of the state," the court said, while jailing Irfan.
Irfan was arrested by the Crime Branch of the city police on September 7, 2005 from Takshak Cyber Cafe at Mohammadpur village near Bhikaji Cama Place in south Delhi while sending out through e-mail some sensitive military information.
During probe into the case, he was found to be a native of village Uggu Chuck in Gujrawala district of Pakistan. The police told the court that he had sneaked into country through Nepal and was living in Mohammadpur village under the assumed name of Ashok Kumar.
A clutch of sensitive documents recovered from his possession included military information in his writing, 21 photographs of prohibited military area, some sketches, card of Ambala Cantt military hospital, besides proof of conversion of 200 US dollar into Indian currency.
The police also arrested his alleged accomplices, Minhaj of Bhajanpura in North East Delhi and Mohd Ramzan of Maler Kotla in Punjab. While Minhaz was arrested on charges of harbouring Irfan in his house, Ramzan allegedly used to collect military information for him from the border state.
While convicting Irfan, the court also relied upon the Military Intelligence opinion that the documents recovered from him were sensitive and secret, having significant bearing on the security of the state.
While jailing Irfan for six years on spying charges, the court also sentenced him to varying jail terms for his illegal stay in India and for forging fake identity papers for himself here.
The court, however, acquitted Ramzan and Minhaz due to lack of evidence against them.