IMPORTANT POINT
Death Reference declined in German Bakery case.

Headnote:(A) Unlawful Activities (Prevention) Act, 1967—Sections 10, 13, 16, 18 and 20—Indian Penal Code, 1860—Sections 302, 307, 120B and 435—Explosive Substances Act, 1908—Sections 3, 4 and 5—Criminal Procedure Code, 1973—Section 366(1)—Terrorist activity—German Bakery case—Death sentence—Accused has not given any explanation as to how and under what authority he was having possession of blackish substance which has been conclusively found to be RDX—This explosive substance cannot be possessed by anybody without authorization under law—Accused has not explained anything regarding possession or purpose for which he had possession of explosive material RDX—Offence punishable under Section 5(b) of Explosive Substances Act, 1908 has been constituted in this case and it has been committed by accused—Facts established by prosecution are not consistent with hypothesis of guilt of accused as regards main charge relating to unlawful activities and terrorist acts—This is a case in which circumstances forming links in so far as offences relating to commission of terrorist acts by entering into conspiracy with other accused persons and connected offences are concerned, have not been conclusively established in as much as there are missing links in between—Reference declined—Conviction and sentenced partly affirmed. (Paras 215, 220 and 221)
       (B) Criminal Law—Appreciation of evidence—Prosecution case in its entirety has to be understood, viewed and minutely analyzed and scanned—Collectively prosecution case must inspire confidence to uphold its charge to say that it must be accused, involved in terrorist activities who was responsible for causing death of several persons and causing injuries to several others. (Para 220)
       Result: Appeal Partly allowed.

JUDGMENT

Naresh H. Patil, J.—The Confirmation Case No. 4 of 2013 arises out of the Reference made by the learned Additional Sessions Judge, Pune in Sessions Case No. 771 of 2010 for confirmation of the death sentence awarded to accused Mirza Himayat Baig @ Ahmed Baig Inayat Mirza @ Hasan. By judgment and order dated 15th and 18th April, 2013 in Sessions Case No. 771 of 2010, the learned Additional Sessions Judge, Pune convicted and sentenced accused – Mirza Himayat Baig @ Ahmed Baig Inayat Mirza @ Hasan as under:

Convicted under Section

Sentenced to

U/s 16(1)(a) of the Unlawful Activities (Prevention) Act, 1967.

Death and to pay fine of Rs.500/-, in default to pay fine, to undergo imprisonment for one month. The Accused be hanged by the neck till he is dead.

U/s. 10(b) of the Unlawful Activities (Prevention) Act, 1967.

Death and to pay fine of Rs.500, in default to pay fine, to undergo imprisonment for one month. The Accused be hanged by the neck till he is dead.

U/s. 10(a) of the Unlawful Activities (Prevention) Act, 1967

Suffer Imprisonment for two years and to pay fine of Rs.500/-, in default to pay fine, to undergo imprisonment for one month.

U/s.18 of the Unlawful Activities (Prevention) Act, 1967.

Suffer Imprisonment for life and to pay fine of Rs.500-, in default to pay fine, to undergo imprisonment for one month.

U/s. 20 of the Unlawful Activities(Prevention) Act, 1967.

Suffer imprisonment for life and to pay fine of Rs.500, in default to pay fine, to undergo imprisonment for one month.

U/s. 13(1)(b) of the Unlawful Activities (Prevention) Act, 1967.

Suffer imprisonment for seven years and to pay fine of Rs.500/-, in default to pay fine, to undergo imprisonment for one month.

U/s. 13(2) of the Unlawful Activities (Prevention) Act, 1967.

Suffer imprisonment for five years

U/s. 120B of the Indian Penal Code.

Death and to pay fine of Rs.500/-, in default to pay fine, to undergo imprisonment for one month. The accused be hanged by the neck till he is dead.

U/s. 302 read with 120B of Indian Penal Code.

Death and to pay fine of Rs.500/-, in default to pay fine, to undergo imprisonment for one month. The accused be hanged by the neck till he is dead.

U/s.307 read with 120B of Indian Penal Code.

Suffer imprisonment for life and to pay fine of Rs.500-, in default to pay fine, to undergo imprisonment for one month.

U/s. 435 read with 120B of Indian Penal Code.

Suffer imprisonment for seven years and to pay fine of Rs.500/-, in default to pay fine, to undergo imprisonment for one month.

U/s.153A of Indian Penal Code.

Suffer imprisonment for three years.

U/s. 474 of Indian Penal Code.

Suffer imprisonment for seven years and to pay fine of Rs.500/-, in default to pay fine, to undergo imprisonment for one month.

U/s. 3(b) of Explosive Substances Act, 1908 read with Section 120B of Indian Penal Code.

Death and to pay fine of Rs.500/-, in default to pay fine, to undergo imprisonment for one month. The Accused be hanged by the neck till he is dead.

U/s. 4(a) & (b) of Explosive Substances Act, 1908.

Suffer rigorous imprisonment for life and to pay fine of Rs.500/-, in default to pay fine, to undergo imprisonment for one month.

U/s. 5 of Explosive Substances Act, 1908.

Suffer rigorous imprisonment for life and to pay fine of Rs.500/-, in default to pay fine, to undergo imprisonment for one month.

However, the accused is acquitted for offence punishable under Sections 465, 467 and 468 of the Indian Penal Code. The accused being aggrieved b

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Convicted under Section	Sentenced to
U/s 16(1)(a) of the Unlawful Activities (Prevention) Act, 1967.	Death and to pay fine of Rs.500/-, in default to pay fine, to undergo imprisonment for one month. The Accused be hanged by the neck till he is dead.
U/s. 10(b) of the Unlawful Activities (Prevention) Act, 1967.	Death and to pay fine of Rs.500, in default to pay fine, to undergo imprisonment for one month. The Accused be hanged by the neck till he is dead.
U/s. 10(a) of the Unlawful Activities (Prevention) Act, 1967	Suffer Imprisonment for two years and to pay fine of Rs.500/-, in default to pay fine, to undergo imprisonment for one month.
U/s.18 of the Unlawful Activities (Prevention) Act, 1967.	Suffer Imprisonment for life and to pay fine of Rs.500-, in default to pay fine, to undergo imprisonment for one month.
U/s. 20 of the Unlawful Activities(Prevention) Act, 1967.	Suffer imprisonment for life and to pay fine of Rs.500, in default to pay fine, to undergo imprisonment for one month.
U/s. 13(1)(b) of the Unlawful Activities (Prevention) Act, 1967.	Suffer imprisonment for seven years and to pay fine of Rs.500/-, in default to pay fine, to undergo imprisonment for one month.
U/s. 13(2) of the Unlawful Activities (Prevention) Act, 1967.	Suffer imprisonment for five years
U/s. 120B of the Indian Penal Code.	Death and to pay fine of Rs.500/-, in default to pay fine, to undergo imprisonment for one month. The accused be hanged by the neck till he is dead.
U/s. 302 read with 120B of Indian Penal Code.	Death and to pay fine of Rs.500/-, in default to pay fine, to undergo imprisonment for one month. The accused be hanged by the neck till he is dead.
U/s.307 read with 120B of Indian Penal Code.	Suffer imprisonment for life and to pay fine of Rs.500-, in default to pay fine, to undergo imprisonment for one month.
U/s. 435 read with 120B of Indian Penal Code.	Suffer imprisonment for seven years and to pay fine of Rs.500/-, in default to pay fine, to undergo imprisonment for one month.
U/s.153A of Indian Penal Code.	Suffer imprisonment for three years.
U/s. 474 of Indian Penal Code.	Suffer imprisonment for seven years and to pay fine of Rs.500/-, in default to pay fine, to undergo imprisonment for one month.
U/s. 3(b) of Explosive Substances Act, 1908 read with Section 120B of Indian Penal Code.	Death and to pay fine of Rs.500/-, in default to pay fine, to undergo imprisonment for one month. The Accused be hanged by the neck till he is dead.
U/s. 4(a) & (b) of Explosive Substances Act, 1908.	Suffer rigorous imprisonment for life and to pay fine of Rs.500/-, in default to pay fine, to undergo imprisonment for one month.
U/s. 5 of Explosive Substances Act, 1908.	Suffer rigorous imprisonment for life and to pay fine of Rs.500/-, in default to pay fine, to undergo imprisonment for one month.

BOMBAY HIGH COURTNaresh H. Patil and S. B. Shukre, JJ.State of Maharashtra & Anr.—AppellantversusMirza Himayat Baig @ Ahmed Baig Inayat Mirza @ Hasan & Anr.—RespondentConfirmation Case No.4 of 2013 With Criminal Appeal No.755 of 2013Decided on 17.3.2016

IMPORTANT POINTDeath Reference declined in German Bakery case.

Cases Referred (5)

BOMBAY HIGH COURT
Naresh H. Patil and S. B. Shukre, JJ.
State of Maharashtra & Anr.—Appellant
versus
Mirza Himayat Baig @ Ahmed Baig Inayat Mirza @ Hasan & Anr.—Respondent
Confirmation Case No.4 of 2013 With Criminal Appeal No.755 of 2013
Decided on 17.3.2016

IMPORTANT POINT
Death Reference declined in German Bakery case.