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Larkins
brothers’ conviction upheld
Express News Service
New Delhi, April 30: FIFTEEN years
after a district court found them guilty in an espionage case, the
Delhi High Court upheld the conviction of former Major General F.D.
Larkins and his brother Air Vice-Marshal K.H. Larkins, but acquitted
the other two accused in the case.
In 1985, the district court had imposed
a 10-year sentence on the two brothers for passing on secret Defence
documents to four American diplomats. The accused are all out on
bail pending disposal of their appeal.
Justice R.S. Sodhi upheld the sentence
and ordered that their bail bonds be discharged and they be taken
into custody immediately.
However the High Court acquitted co-accused
Lt Col Jasbir Singh and his employee Jaspal Singh Gill due to lack
of sufficient evidence.
In its 27-page judgement, the court upheld
the conviction of the two brothers on the basis of the confessional
statement made by F.D. Larkins in which he said that he involved
his brother K.H. Larkins in passing on information to foreign agents
between July 1981 to September 1982.
Larkins had said that he had hatched a conspiracy
with his brother and Jasbir Singh to pass on secret and classified
Defence documents to four US officials, who were found to be working
as attaches in the US embassy, for monetary gain.
According to the prosecution, which examined
60 witnesses, F.D. Larkins was offered Rs 20,000 to Rs 40,000 for
passing on Air Force technical manual pertaining to MiG-21, MiG-23,
MiG-25 fighters, and T-72 tanks.
The US officials, Fafeal Mariani, Reynold
Frederick Stelloh, Harry L. Wertherbe and Major Pal Mockinlay Pittman,
had also wanted information on various Russian equipment being supplied
to the Indian Army and according to the prosecution, the Larkins
were leaking both information and documents, including facts related
to T-72 tanks procured from Russia.
According to the prosecution, the four
US officials dealt with Larkins under an alias of Jockey, Ben, John
and Bud. Acquitting Jasbir Singh and Jaspal Singh, the court said
documents recovered from them could not prove a conspiracy or ‘‘be
relevant as conduct to fasten liability under the Official Secrets
Act’’.The former major general had challenged the lower court order
on the ground that his confessional statement was not voluntary
as he was not allowed to communicate with anybody, nor was he provided
legal aid.
The FIR was registered by the police on
November 10, 1983 on a complaint by the then Air Vice-Marshal S.
Raghavendran after he received information from Group Captain Jagjit
Singh that K.H. Larkins had offered him Rs 20,000 to pass on certain
secret Air Force manuals.
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