MOHD AKBAR HUSSAIN @ MOHD QASIM @ HABIB Vs. STATE

JUDGEMENT

(1.) The appellants- Mohd.Akbar Hussain @ Mohd.Qasim @ Habib (A-1), Abdul Rehman @ Mohd.Hassan (A-2) and Salman Khurshid Kori (A-3) challenge judgment dated 13.12.2011 in Sessions Case No.236/1/2010 arising out of FIR No.96/2006 registered at PS Special Cell by which they were convicted under Section 5 of the Explosive Substance Act, 1908. Vide order dated 15.12.2011, they were awarded RI for ten years with fine Rs. 5,000/- each.

(2.) Allegations against the appellants were that on the night intervening 18/19.12.2006, Insp.S.K.Giri received information that the appellants- A-1 to A-3 operatives of LeT would come by bus from J&K and reach at bus stand opposite Azad Hind Market, Red Fort at 07.00 A.M. and were in possession of explosives to execute their plan in Delhi.

(3.) Charge under Sections 121A/121/122 IPC; under and under Section 5 of the Explosive Substance Act was framed against A-1 to A-3 on 21.11.2007 to which they pleaded not guilty and claimed Trial. The prosecution examined fifteen witnesses to substantiate the charges. In their 313 statements, the appellants pleaded false implication. On appreciating the evidence and considering the rival contentions of the parties, the Trial Court by the impugned judgment, convicted all the three appellants under Section 5 of Explosive Substance Act and acquitted them of all other charges. It is relevant to note that the State did not file any appeal against acquittal of the appellants in other offences.