(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 judg- ment 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:

"IT is indisputed on behalf of the prosecution that there is no such evidence, which the prosecution could effect that the accused committed any terrorist act, with intent to adversely affect the harmony amongst different S. of the people by means of any weapon like dagger or sword. Therefore, the second part of the charge now stands not proved."

(2) ON going through the charge and conclusion under challenge ar- rived at b