Sanjiv Khanna, J.

1. The Government of NCT of Delhi in this appeal questions and challenges acquittal of Mohd. Hassan @ Abu Qasim and Shafaquat Iqbal, from charges under Sections 121/121A/122/123/120B of the Indian Penal Code, 1860 (IPC, for short), Sections 4 and 5 of the Explosive Substances Act, 1908, Sections 17, 18, 20 and 23 of the Unlawful Activities (Prevention) Act, 1967 in FIR No.28/2007, Police Station Special Cell, Lodhi Colony, New Delhi. The appeal does not dispute the acquittal of Shabbir Ahmed in terms of the amended memo of parties and amended petition filed on or about 8th July, 2013.

2. The impugned judgment convicts respondent No.1 Mohd. Hassan, a citizen of Pakistan, under Section 14 of the Foreigners Act. By order dated 5th October, 2012, Mohd. Hassan stands sentenced to undergo rigorous imprisonment of 5 years, pay fine of Rs.1,000/- and in default to undergo simple imprisonment for one month. The said conviction and the order of sentence have not been challenged by the respondent No.1, Mohd Hassan.

3. The impugned judgment while acquitting the respondents from the aforesaid charges, primarily relying upon evidence of two witnesses Mani Ram (PW3) and