JUDGMENT

Anand Byrareddy, J.—Heard the learned counsel for the appellant and the learned Additional State Public Prosecutor.

2. The appellant was the accused before the Trial Court. The case as alleged against the appellant by the prosecution is that on 30.03.2006, at about 3.50 p.m., the accused is s aid to have alighted from the Chennai-Mumbai train, at the Gulbarga Railway Station. It is stated that the Police Inspector, one D.C. Nandakumar, of the Station Bazaar Police Station was said to be on special duty along with a squad of officers and he had spotted the accused and on suspicion, had accosted him and on a search of his luggage, it is claimed that the accused was found in possession of a pistol, two hand grenades, books in Urdu and audio and video cassettes. It is claimed that the accused was further questioned as to his identity and background and the accused is said to have stated that he was originally a resident of Mumbai and that he was now residing in Goa and was visiting Gulbarga. And that he was dealing in children’s toys.

Not being satisfied with his explanation and on further interrogation and investigation, a case had been registered against the accused - appellant for offences punishable under Sections 121, 122, 124-A of the Indian Penal Code, 1860 (Hereinafter referred to as the ‘IPC’, for brevity) and Sections 10, 13, 18, 20, 21 and 23 of the Unlawful Activities (Prevention) Act, 1967 (Hereinafter referred to as the ‘UAP Act’, for brevity), and under Sections 4 and 5 of the Explosive Substances Act, 1908 (Hereinafter referred to as the ‘ES Act’, for brevity) and Section 25 of the Arms Act, 1959.

It was alleged by the prosecution that the appellant had after completing the Pre-University course at Mumbai, he had also learnt typing and undergone computer training and he had travelled to Oman in May 2001 and returned to Goa in November 2001 and again went to Daman on 5.2.2002, where he had been indoctrinated about Jihad by Islamic leaders at centres there. And claiming to be a citizen of Pakistan, is said to have visited Pakistan. He had been trained at a Lashkar-e-Toiba (LeT) Training Centre at Rawalpindi which is said to be an outlawed terrorist outfit. Thereafter, he had studied the Kuran, Adis and had received training in handling sophisticated fire arms of all types. He had also been trained in disseminating information, inciting hatred against India via the internet and he had been trained in cartography and wireless radio transmission operation. Thereafter, in the year 2004, he had illegally entered Mumbai and had travelled to sever al cities including Hyderabad, Zahirabad and Gulbarga and had several financial transactions involving money transfers from outside the country, which was used as funding to recruit members for the Let and was actively planning to cause destruction to dams, thermal power stations and other facilities in India. He was also travelling and visiting Mosques where he would deliver provocative speeches professing Jihad to the congregations. In December 2005, he is said to have attempted to influence youth belonging to the Ahule Hadis Muslim community of Gulbarga inciting them to fight against India in the name of Jihad and to join the let organization. He is even said to have met leaders of the said organization at Bangladesh, apart from travelling to Ahmedabad in March 2006 to bring explosives and grenades with a plan to carry out terrorist attacks and he was returning to Gulbarga, when he w as apprehended.

After further proceedings and upon committal to the Court of Sessions, the court had framed charges against the accused, who had pleaded not guilty and claimed to be tried. The prosecution which had named 60 witnesses, had examined 36 of them, as the other witnesses could not be secured as they were said to be unavailable as some of them had left the addresses furnished