ANIL SANJEEV HEGDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, Anil Sanjeev Hegde, has directed this criminal appeal challenging the correctness and legality of the judgment and order dated 8/08/1989 made by the learned Judge of the Designated court, Pune in Terrorists Sessions Case No. 3 of 1989 whereunder the appellant has been convicted under S. 3 (2) (ii) of the Terrorist and disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the 'act') and sentenced to undergo the minimum sentence of five years' rigorous imprisonment. The trial court in the prefatory part of its judgment has made certain observations regarding the lack of evidence to substantiate the charge in its entirety. The said observation as appears in para 2 of the impugned judgment is reproduced hereunder:

(2.) On going through the charge and conclusion under challenge ar- rived at by the Designated court, we are at a loss to find out as what thetrial Judge has really meant by the above observation. In fact, none of the learned counsel appearing for the respective parties is also not in a position to explain that observation.

(3.) Be that as it may, we shall now discuss the evidence let in by the prosecution regarding the two incidents relied upon by the prosecution to make out a case within the ambit of S. 3 of the Act.