A special court in Rajasthan's Ajmer Thursday acquitted Abdul Karim Tunda in the 1993 serial train blasts case, with his lawyer saying the prosecution could not provide enough evidence to prove the charges.
Two other accused -- Irfan and Hamiduddin -- were, however, sentenced to life imprisonment by Judge Mahaveer Prasad Gupta of the Terrorist and Disruptive Activities (Prevention) Act court.
The police had taken the three to the court from the Ajmer Central Jail.
The 81-year-old Tunda, a close aide of wanted terrorist Dawood Ibrahim, was accused of carrying out blasts in five passenger trains in December 1993 to mark the first anniversary of the Babri Masjid demolitio.
The TADA court had framed charges against Tunda, the main accused, and Irfan alias Pappu and Hamiduddin on September 30, 2021, over the blasts in passenger trains in Lucknow, Kanpur, Hyderabad, Surat and Mumbai on the intervening night of December 5-6, 1993.
Two persons were killed and at least 22 injured in the explosions in Mumbai-New Delhi Rajdhani Express, New Delhi-Howrah Rajdhani Express, Howrah-New Delhi Rajdhani Express, Surat-Baroda Flying Queen Express and Hyderabad-New Delhi AP Express.
"The court has acquitted Abdul Karim Tunda of all the charges framed against him. He is completely innocent. He has been acquitted of every section of every Act by the court. The prosecution could not provide enough evidence to prove the charges," his counsel Shafquatullah Sultani told reporters in Ajmer.
He said probe agencies created a base that Tunda helped other accused in making bombs which they planted after being inspired by him.
The defence presented facts before the court and there was no direct evidence against Tunda or confession statement against him, he said.
Irfan and Hamiduddin were, however, sentenced to life imprisonment for planting the bombs, their counsel Abdul Rashid told reporters.
"Hamiduddin and Irfan have been found guilty. They were convicted for planting bombs and have been sentenced to life imprisonment. They will appeal before the Supreme Court," Rashid said.
He said that Hamiduddin has been in jail for the last 14 years and Irfan for the last 17 years.
After being sentenced to life imprisonment, Hamiduddin told the waiting mediapersons outside the court, "I respect the judgement of the court. I will appeal the judgement in the Supreme Court."
According to the court order, the prosecution had appealed for strict punishment to the accused for their involvement in criminal conspiracy and for terrorising the country. They planted bomb blasts in long route trains and made efforts to create hatred in various communities besides damaging railway property and peoples lives, the order said.
The accused, on the other hand, appealed before the court to acquit them based on the term spent in jail during the investigation.
However, the court observed that the activities of the accused were of serious nature and the court is neither capable of acquitting them of life imprisonment considering the jail term spent by them nor the crime committed by the accused deserve to be acted upon softly.
Besides the Terrorist and Disruptive Activities (Prevention) Act, the accused were also charged under the sections of the Indian Penal Code, Explosive Substances Act, Prevention of Damage to Public Property Act and the Indian Railways Act..
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