K.T.THOMAS, R.P.SETHI
State of A. P. – Appellant
Versus
S. Appa Rao – Respondent
(1) THIS is an appeal filed by the State of Andhra Pradesh under Section 19 of Terrorist and Disruptive Activities (Prevention) Act (in short TADA). There are thirteen respondents who were arrayed along with a number of other persons as accused before a Designated Court. Altogether forty seven persons were charge-sheeted by the police for various offences under the Indian Penal Code and under Sections 3,4,5 and 6 of TADA; and also under certain Sections of the Indian Arms Act as well as under Section 4 of the Explosives Act. The case proceeded against 17 of those chargesheeted persons. At some stage of the trial, the Public Prosecutor before the Designated Judge did not press the case relating to offences under the Penal Code. So the case was considered only in respect of the remaining offences. During the stage of arguments, the Public Prosecutor candidly admitted that offence under the Explosive Substances Act could not be established on evidence.
(2) ULTIMATELY the Designated Judge acquitted all the accused of all offences as per the judgment impugned in this appeal. But this appeal is confined to 13 out of 47 persons tried before the TADA Court. It would be conve
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