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(a) if such act has resulted in the death of any person, be punishable with death or imprisonment for life, and shall also be liable to fine;

(b) in any other case, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. 3 17. Punishment for raising funds for terrorist act.—Whoever, in India or in a foreign country, directly or indirectly, raises or provides funds or collects funds, whether from a legitimate or illegitimate source, from any person or persons or attempts to provide to, or raises or collects funds for any person or persons, knowing that such funds are likely to be used, in full or in part by such person or persons or by a terrorist organisation or by a terrorist gang or by an individual terrorist to commit a terrorist act, notwithstanding whether such funds were actually used or not for commission of such act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.

35. The next set of allegations against her to bring her case within the bail restricting provisions relates to offences specified under Chapter VI of 1967 Act. This set of allegations relates to being associated with a terrorist organization. We have already 6 20. Punishment for being member of terrorist gang or organisation.—Any person who is a member of a terrorist gang or a terrorist organisation, which is involved in terrorist act, shall be punishable with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine. given our finding on such allegations and in our prima facie opinion, the allegations of the prosecution that the appellant is a member of a terrorist organisation or that she associates herself or professes to associate herself with a terrorist organization are not true, and at this stage, she cannot be implicated in the offence under Sections 387 of 1967 Act. Mere meeting of accused individuals or being connected with them through any medium cannot implicate one in Chapter VI offences under of the 1967 Act, in the absence of any further evidence of being associated with a terrorist organisation. Such association or connection must be in relation to furtherance of terrorist act. It has been held by this Court in the case of Vernon (supra):-

34. In this context, to bring the appellants within the fold of Section 38 of the 1967 Act, the prosecution ought to have prima facie establish their association with intention to fur- ther the said organisation’s terrorist activities. It is only when such intention to further the terrorist activities is es- tablished prima facie, appellants could be brought within the fold of the offence relating to membership of a terrorist organisation. To bring within the scope of Section 38 of the 1967 Act, it would not be sufficient to demonstrate that one is an associate or someone who professes to be associated with a terrorist organisation. But there must be intention to further the activities of such organisation on the part of the person implicated under such provision. But the same line of reasoning in respect of membership of a terrorist organ- isation under Section 20, ought to apply in respect of an al- leged offender implicated in Section 38 of the 1967 Act. There must be evidence of there being intention to be in- volved in a terrorist act. So far as the appellants are con- cerned, at this stage there is no such evidence before us on which we can rely.” We, further, do not think the undated account statement has sufficient probative value at this stage to prima facie sustain a case against her and implicate her for offences relating to the provision of support or raising of funds for a terrorist organisation, specified under Section 398 and 409 of 1967 Act. Evidence of her involvement in any fund-raising activities for the CPI (Maoist) or her support to the said organisation has not transpired through any reliable evidence before us at this stage.

(c) who, with intention to further the activity of a terrorist organisation, addresses a meeting for the purpose of encouraging support for the terrorist organisation or to further its activity.

(2) A person, who commits the offence relating to support given to a terrorist organisation under sub-section (1) shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both. 9 40. Offence of raising fund for a terrorist organisation.— (1) A person commits the offence of raising fund for a terrorist organisation, who, with intention to further the activity of a terrorist organisation,—