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2013 Supreme(Del) 479

SANJIV KHANNA, S.P.GARG
Raees-Uz-Zama – Appellant
Versus
State NCT of Delhi – Respondent


Advocates Appeared:
For the Appellants:Imtiaz Ahmed, Ms. Naghma Imtiaz, Mohd. Asad Khan, M.S. Khan, Ms. Pooja Uppal, Akram Khan, Advocates.
For the Respondent:Sidharth Luthra, ASG with Pawan Sharma, Standing Counsel, Ms. Sarpreet Singh, Sachin Chopra, Ms. Supriya Juneja, Arjun Dewan, Advocates.

Judgment :-

Sanjiv Khanna, J.

1. These three appeals have been preferred by Noor Mohd. Tantray, Parvez Ahmed Mir, Farooz Ahmed, Raees-uz-Zama, and Atique-uz-Zama, who for the sake of convenience have been referred to as A1, A2, A3, A4 and A5. A4 and A5 are brothers. The appellants, i.e., the five accused, have been convicted under Sections 3(3), 3(5) and 4 of Prevention of Terrorism Act, 2002 (hereinafter referred to as, POTA) and sentenced to life imprisonment and fine of Rs.5,000/- for each offence. The appellants have been convicted under Section 20 of POTA and sentenced to Rigorous Imprisonment for 10 years and fine of Rs.5,000/- each. The appellants have also been convicted under Sections 121, 121A and 122 of the Indian Penal Code, 1860 (IPC, for short) and sentenced to life imprisonment and fine of Rs.5,000/- each and Section 123 IPC and sentenced to Rigorous Imprisonment for 10 years and fine of Rs.5,000/-each. The appellants have been convicted under Sections 4 and 5 of the Explosive Substances Act, 1908 and have been sentenced to life imprisonment and Rigorous Imprisonment for 10 years, respectively, with fine of Rs.5,000/- on each count.

2. In the charge sheet, one Rajend





























































































































































































































































































































































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