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Mumbai blasts: 3 held guilty
November 03, 2006 18:17 IST
The special TADA court on Friday held three more accused guilty for complicity in the 1993 Mumbai blasts case.
So far, 61 people have been convicted.
Ashraf-Ur-Rehman, Mohammed Yusuf Botomiyan and Shaikh Asif Yusuf were held guilty under Terrorist and Disruptive Activities (Prevention) Act and Arms Act.
However, the three were acquitted of the charge of conspiracy.
Ashraf-Ur-Rehman, charged with possessing 85 hand grenades, 350 electronic detonators and 3,270 live cartridges of AK 56, was found guilty under Section 5 (possessing arms), and Section 6 (contravening provisions of Explosive Substances Act and Explosives Act) of TADA.
He was also found guilty under Sections 3, 7, and 25(1-a)(1-b) of the Arms Act.
The court did not accept his confession saying it was not properly recorded.
Of the three witnesses, one turned hostile and his evidence was not accepted.
The court did not hold Rehman guilty of being party to conspiracy saying there was no evidence to establish link between material recovered from him and the consignment smuggled by Tiger Memon to create terrorist act.
Mohammed Botomiyan was found guilty under Section 3(3) (aiding and abetting a terrorist act) and Section 5 of TADA.
He was charged with possessing 980 cartridges and 32 magazines of AK-56.
However, he was acquitted of charges of being party to conspiracy under Sections 120(b) of the Indian Penal Code and 6 of TADA (contravening provisions of Explosive Substances Act and Explosives Act).
The court observed that the Central Bureau of Investigation had not recorded the confession of the accused or that of any co-accused to establish the role of Botomiyan, but there was other evidence to convict him.
However, there was no material to link the recovery of arms from him to the contrabands smuggled by Tiger Memon, Judge P D Kode noted.
Shaikh Yusuf was found guilty under Section 3(3) of TADA for aiding and abetting terrorist act.
He was also held guilty under Section 5 of TADA for possessing four hand grenades and under Section 6 of the same act (contravening provisions of Explosive Substances Act and Explosives Act).
He was also convicted under the Arms Act.
All the three face punishment ranging from 5 years to life sentence.
They will submit their statements on quantum of sentence tomorrow.
The court is yet to decide the fate of 43 other accused, including film star Sanjay Dutt.
A series of blasts rocked the city on March 12, 1993 killing 257 persons and injuring 713.