Uday Umesh Lalit, J. - (1.) Special leave to appeal granted.
(2.) 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 Section 125 of the Indian Penal Code ("IPC" for short), Sections 39 and 40 of the Unlawful Activities (Prevention) Act, 1967 (UAPA for short) and 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 conviction and sentence under Section 120B IPC and Section 38 of the UAPA.
(3.) The case of the prosecution, in brief, was as under: (a) Pursuant to complaint 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).(b) During the course of investigation, A2-Yasmeen 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.(c) According to the prosecution, there was a criminal conspiracy between original Accused No.1 (husband of A2-Yasmeen) and A2- Yasmeen from 2015 pursuant to which conspiracy 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.;