JUDGMENT

Dr. Anand, J.-The appellant calls in question his conviction and sentence for an offence under Section 5 of Terrorists and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as TADA) recorded by the Desginated Court II, Delhi on 1st of August 1995 through this appeal under Section 19 of TADA.

2 According to the prosecution case on 14.11.1990, a mob collected at Gurudwara Sis Ganj Sahib in Chandni Chowk, Delhi and moved in a procession towards the Idgah Park. A meeting was going on in Idgah Park where some provocative speeches were made by some of the speakers leading to communal riots. At about 4.30 p.m. the riot was at a pitch and stones and other missiles, were hurled on the members of the opposite side from Idgah Road - Nawab Road of Sadar Bazar by the rioters. The appellant was supporting the mob of rioters and was found holding a country made pistol in his hand and waiving it in the air. The police party made some arrests. The appellant was apprehended by SI Didar Singh SHO PW4, who caught him alongwith the pistol. The appellant was then handed over to SI Sukhbir Singh PW7 who arrested him in the riot case and later on formally arrested him in a cas