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2019 Supreme(SC) 817

UDAY UMESH LALIT, INDU MALHOTRA
Union of India – Appellant
Versus
Yasmeen Mohammad Zahid @ Yasmeen – Respondent


Advocates Appeared:
For the Parties :K.M. Nataraj, Meenakshi Grover, B. V. Balaram Das, Santosh Krishnan, Zulfiker Ali P. S, Faisal M. Aboobaker, Lakshmi Sree Puthenpurackal, Advocates

JUDGMENT :

UDAY UMESH LALIT, J.

1. Special leave to appeal granted.

2. The judgment and order dated 04.10.2018 passed by the High Court of Kerala in Criminal Appeal No.506 of 2018 has given rise to these two appeals, one by Union of India against acquittal of A2-Yasmeen Mohammad Zahid @ Yasmeen in respect of offences punishable under Section 125 of the Indian Penal Code (“IPC” for short), Sections 39 and 40 of the Unlawful Activities (Prevention) Act, 1967 (UAPA for short) and also against reduction in sentence ordered by the High Court for offences under Section 120B of IPC and Section 38 of the UAPA, while said A2– Yasmeen is in appeal against her conviction and sentence under Section 120B IPC and Section 38 of the UAPA.

3. The case of the prosecution, in brief, was as under:

(a) Pursuant to complaint received on 10.07.2016 in Chandera Police Station, Kasaragod preliminary investigation was undertaken which revealed that 14 persons had left India to join Islamic State of Iraq and Seria (ISIS) which is declared to be a terrorist organisation (Serial No.38 in the First Schedule to the UAPA).

(b) During the course of investigation, A2–Yasmeen was arrested on 01.08.2016 at Indira Gandhi In


































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