Mukta Gupta, J.

1. The State is aggrieved by the decision of the learned Additional Sessions Judge acquitting the respondents Bashir Ahmed Ponnu, Fayaz Ahmed Lone, Abdul Majeed Baba and Shahid Gafoor for the offences punishable under Section 120B/121/121-A/122/123 IPC & Section 17/18/20/21/23 of Unlawful Activities (Prevention) Act (in short the UAP Act), acquitting Bashir Ahmed for offence punishable under Section 489(B)/489 (C) of IPC and Shahid Gafoor for offences punishable under Section 186/353/307 of IPC and Section 25/27 of the Arms Act, though Shahid Gafoor stands convicted for offence punishable under Section 14 of the Foreigners Act.

2. The prosecution case in nutshell is that in the first week of January 2007 a secret information was received that Commander of Pakistan based banned militant organization Jaish-e-Mohammad (JeM) having code name “Alpha-9” had instructed one Haider (code name-Doctor) r/o Pakistan and District Commander of Sopore area in J&K to carry out Fidayeen attack at some prominent places in the national capital and for this purpose ‘fidayeens’ would be sent from Pakistan through Indo-Bangladesh border. On enquiries made, further information wa