A guilty plea must be clear and constitute an admission of all facts constituting the offence; failure to ensure this can lead to miscarriage of justice.

JUDGMENT :

(Rajeev Ranjan Prasad, J.)

Heard Mr. N.K Agrawal, learned Senior counsel assisted by Mr. Wasif Rahman Khan, learned counsel for the appellants and Mr. Arvind Kumar, learned counsel for the National Investigation Agency (in short N.I.A.). Also perused the records of the learned trial court.

2. This appeal has been preferred under Section 21 (1) of the N.I.A Act, 2008. There are three appellants in this appeal who are seeking setting aside of the judgment of conviction dated 10.12.2021 and order of sentence dated 17.12.2021 passed by learned Special Judge, N.I.A., Patna in connection with Special Case Number 01 of 2018 arising out of N.I.A. P.S. New Delhi R.C. No. 04 of 2018 which arose out of Bodhgaya P.S. Case No. 34 of 2018 registered for the offences punishable under Sections 120, 121(A), 122, 123 and 153(A) of the Indian Penal Code (in short ‘I.P.C.’) and Sections 16, 18 and 20 of the Unlawful Activities (Prevention) Act, Sections 14, 17 and 19 of the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 as also under Sections 4 and 5 of the Explosive Substances Act, 1908.

Prosecution Story

3. As per the prosecution case, three Improvised Explosive Devices (IEDs) were planted in and around the Bodhgaya Temple Complex. One of the IEDs exploded outside Kalchakra Maidan, Gate No.5 and the Police recovered two live IEDs i.e., one from Gate No.4 of Mahabodhi Temple and another near the Sri Lankan Monastery. The local Police registered FIR against unknown persons and subsequently, by order dated 2nd February, 2018 the Government of India, Ministry of Home Affairs directed the National Investigation Agency to take up the Investigation of this case, accordingly, RC Case No.4 of 2018/NIA/DLI was registered at Police Station New Delhi on 03.02.2018.

4. After investigation of the case, the investigating agency submitted a charge-sheet bearing Number 25 of 2018 against the appellants on 27.09.2018 wherereafter, the learned Special Judge took cognizance of the offences on 28.09.2018. It is worth mentioning that although the investigating agency did not find sufficient materials to charge-sheet the appellants for the offence punishable under Section 121 IPC, at the time of framing of charge on 28.03.2019 the learned Special Judge framed the charges under Sections 121(A), 121, 121A/122, 122 and 123 of the IPC The appellants pleaded not guilty and claimed to be tried.

5. It is not controverted that after framing of charge for about two years six months approximately, the prosecution did not examine a single witness. On 22.11.2021, learned counsel for the appellants filed a petition on behalf of appellant nos. 2 and 3 with other four accused and on 10.12.2021, a petition was filed on behalf of appellant no. 1 pleading guilty.

6. The learned Special Court N.I.A. has convicted the appellants and others on the basis of their petition pleading guilty. After conviction of the appellants, they have been sentenced to undergo imprisonment for life and further sentenced to pay a fine of Rs. 5,000/-and in default, simple imprisonment for one month, for the offence punishable under Section 121 IPC.

They have been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 5,000/-and in default, simple imprisonment for one month for the offence punishable under Section 121(A) IPC.

The appellants have been further directed to undergo rigorous imprisonment for ten years and with fine Rs. 5,000/-and in default, simple imprisonment for one month for the offence punishable under Section 122 IPC.

They are further sentenced to undergo imprisonment for five years and fine Rs. 2,000/-and in default, simple imprisonment for one month for the offence punishable under Section 123 IPC.

They have been further sentenced to undergo imprisonment for ten years and to pay fine of Rs. 5,000/-and in default, simple imprisonment for one month for the offence punishable under Section 16 of the U.A