22 years after arrest, Agra court acquits Jhansi man accused of spying for Pakistan

Observing that the burden of proof rests entirely on the prosecution to establish guilt beyond a reasonable doubt, the court held that the prosecution completely failed to substantiate its allegations

An Agra court has acquitted a 50-year-old man of the charge of spying for Pakistan and possessing sensitive documents after a 22-year trial process.

The accused was arrested in 2004. (REPRESENTATIONAL IMAGE)

The accused, Jameel, a resident of Jhansi, was arrested in 2004 based on statements made by two Pakistani nationals who were earlier apprehended by the Agra police.

The matter relates to crime case No. 10 of 2004, registered on January 5, 2004, at the Sadar police station in Agra against Sameer alias Muinuddin, Sher Ali alias Salim Keswani alias Akbar Ali, and Jameel under Indian Penal Code Sections 419 (cheating by personation) and 120B (criminal conspiracy), alongside Section 3 of the Passport Act, Section 14 of the Foreigners Act and Sections 3 and 9 of the Official Secrets Act.

Sameer and Sher Ali, identified as residents of Karachi and Sukkur in Pakistan, were arrested for allegedly transferring classified maps and documents of Indian defence establishments to Pakistani intelligence. Their trials were conducted separately.

Based on the statements of the two foreign nationals, Agra police arrested Jameel on January 12, 2004. Police claimed to have recovered a CD containing detailed videos on INSAS rifle training from his possession.

However, additional district judge (Court No. 08) Agra, Ravi Kant, noted in a judgment dated August 31, 2026, which recently came to light, that the CD was not submitted to the court in proper condition, nor was a test report presented. The CD produced before the court was broken.

Observing that the burden of proof rests entirely on the prosecution to establish guilt beyond a reasonable doubt, the court held that the prosecution completely failed to substantiate its allegations.

“From the testimonies, it is evident that Jameel was implicated solely based on statements of previously arrested co-accused. The primary physical evidence against him, the CD alleged to contain INSAS rifle training, was neither preserved nor tested forensically, and was presented to the court broken in pieces,” the court said.

“The evidence presented by the prosecution is insufficient to establish guilt,” the court added.

“…the prosecution has completely failed to prove that on 12.01.2004, a CD containing sensitive defence data was recovered from Jameel’s possession. The prosecution also failed to prove that Jameel committed cheating by impersonation, entered into a criminal conspiracy, violated the Passport Act or Foreigners Act, or supplied classified maps/photographs to foreign nationals.”

Jameel was acquitted after being granted the benefit of the doubt. The court made it clear that the verdict was only in relation to Jameel.