Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Conviction under ss.120B and 125 and ss.38 1967 39 and 40 of Unlawful Activities (Prevention) Act IPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Unlawful Activities (prevention) Act, 1967 (37 of 1967) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860: ss.120B and 125 and ss.38, 39 and 40 of Unlawful Activities (Prevention) Act, 1967 – Conviction under – By trial/Special Court – Sentenced to three years RI on one count and seven years RI on four counts – High Court acquitted the accused u/s.125 IPC and ss.39 and 40 of the Act – Conviction u/s. 120B IPC and s.38 of the Act was upheld while reducing the sentence to one year and three years respectively – Appeal of State challenging the acquittal order and reduction of sentence – Appeal by accused challenging conviction order – Held: Evidence on record point to the existence of mens rea and hence conviction u/s.120B IPC and s.38 of the Act was correct – But the offences u/ss. 125 IPC and ss.39 and 40 of the Act are not made out, hence acquittal thereunder affirmed – However, reduction of sentence by High Court on the ground of sympathy is not sustainable – Therefore, sentence of thRee years and seven years imposed by trial Court is restored. Unlawful Activities (Prevention) Act, 1967: ss.38 and 39 – Scope of – Held: The scope of ss.38 and 39 and their fields of operation are different – On investigation of s.38, s.39 does not become superfluous |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2019 INSC 856 |
Petitioner | Union Of India |
Respondent | Yasmeen Mohammad Zahid @ Yasmeen |
SCR | [2019] 10 S.C.R. 996 |
Judgement Date | 2019-08-02 |
Case Number | 1199 |
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