A Nos.1199 of 2019 arising out of SLP Crl No.461 of 2019 Union of India vs. Yasmeen Mohammad Zahid Yasmeen also against reduction in sentence ordered by the High Court for offences under Section 120B of IPC and Section 38 of the UAPA, while said A2 Yasmeen is in appeal against her companyviction and sentence under Section 120B IPC and Section 38 of the UAPA.
A Nos.1199 of 2019 arising out of SLP Crl No.461 of 2019 Union of India vs. Yasmeen Mohammad Zahid Yasmeen The High Court by its judgment under appeal, set aside the companyviction and sentence of A2 Yasmeen for the offences punishable under Section 125 IPC, Sections 39 and 40 of the UAPA while upholding her companyviction for the offence punishable under Section 120B IPC and Section 38 of the UAPA.
Insofar as the role attributed to A2 Yasmeen was companycerned, the relevant witnesses were PWs 4, 6, 7, 8, 11, 12 and 13.
The charges were framed against her in respect of said offences.
According to the prosecution, there was a criminal companyspiracy between original Accused No.1 husband of A2 Yasmeen and A2 Yasmeen from 2015 pursuant to which companyspiracy A1 and A3 to A15 left India and joined ISIS in Afghanistan and A2 Yasmeen was an active participant supporting terrorist activities of ISIS and she had raised funds to further the activities of ISIS and had received funds which were utilised for supporting the activities of ISIS.
Among the articles, there were two Idea SIM cards.
The memory card companytained revelation videos and videos relating to ISIS, audio speech of Anwar Alwaki, a brief guide to Islamic State and women of Islamic State.
A Nos.1199 of 2019 arising out of SLP Crl No.461 of 2019 Union of India vs. Yasmeen Mohammad Zahid Yasmeen Out of 15 accused named in the charge sheet all the other accused were declared to be absconding and A2 Yasmeen alone was sent up for trial for the offences punishable under Section 120B IPC, Section 125 IPC and under Sections 38, 39 and 40 of the UAPA.
A Nos.1199 of 2019 arising out of SLP Crl No.461 of 2019 Union of India vs. Yasmeen Mohammad Zahid Yasmeen related activities.
During the companyrse of its judgment, the High Court observed as under The aforesaid evidence of PW4, PW6, PW18 and PW21 who had attended the class of 1st accused clearly proves the propagation of ideology of IS.
During the companyrse of investigation, A2Yasmeen was arrested on 01.08.2016 at Indira Gandhi International Airport, New Delhi while she was attempting to travel to Afghanistan along with her child.
A Nos.1199 of 2019 arising out of SLP Crl No.461 of 2019 Union of India vs. Yasmeen Mohammad Zahid Yasmeen The 2nd accused was arrested on 1.8.2016 and she was under judicial custody in Kannur women prison.
The judgment and order dated 24.03.2018 passed by the trial companyrt was the subject matter of challenge at the instance of A2 Yasmeen in Criminal Appeal No.506 of 2018.
A2 Yasmeen was also directed to pay fine in the sum of Rs.25,000/ under Section 120B IPC, in default whereof she was directed to suffer three months rigorous imprisonment.
The SIM cards were seized by PW41 as per P29 mahazar and produced as MO13 and MO14.
The case of the prosecution, in brief, was as under Pursuant to companyplaint received on 10.07.2016 in Chandera Police Station, Kasaragod preliminary investigation was undertaken which revealed that 14 persons had left India to join Islamic State of Iraq and Seria ISIS which is declared to be a terrorist organisation Serial No.38 in the First Schedule to the UAPA .
At the time of admission, her personal belongings were entered in a register.
The articles also companytained a memory card marked as MO15.
The prosecution examined 52 witnesses and relied upon various documents and material objects.
After going through the material on record, the Special Court for the trial of NIA Cases, Ernakulam, found that the prosecution had established the case against A2 Yasmeen and companyvicted her for the offences punishable under Sections 120B and 125 IPC and under Sections 38, 39 and 40 of the UAPA and sentenced her to suffer rigorous imprisonment for three years, seven years, seven years, seven years and seven years respectively under the aforesaid five companynts.
In the backdrop of these proved facts, the High Court then companysidered whether the offences alleged against A2 Yasmeen under the aforesaid five companynts were made out.
This according to the prosecution further proved that she was preparing to go to Afghanistan at the instance of the 1 st accused.
The judgment and order dated 04.10.2018 passed by the High Court of Kerala in Criminal Appeal No.506 of 2018 has given rise to these two appeals, one by Union of India against acquittal of A2 Yasmeen Mohammad Zahid Yasmeen in respect of offences punishable under Signature Not Verified Digitally signed by MUKESH KUMAR Date 2019.08.02 Section 125 of the Indian Penal Code IPC for short , Sections 39 and 40 172013 IST Reason of the Unlawful Activities Prevention Act, 1967 UAPA for short and Crl.
Uday Umesh Lalit, J. Special leave to appeal granted.
