Ahmedabad, Nov 27 (PTI) A court on Wednesday sentenced a man to five-year rigorous imprisonment for firing at a police officer when Gujarat Anti-Terrorism Squad (ATS) team raided a hotel in Ahmedabad in 2020.

The special judge for GujCTOC (Gujarat Control of Terrorism and Organised Crime) Kamal Sojitra, however, acquitted Irfan Shaikh and another accused, Siddhesh Kharade, booked under the Unlawful Activities (Prevention) Act, and GujCTOC for a criminal conspiracy to kill former state home minister Gordhan Zadafiya to avenge the 2002 riots.

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The court sentenced Shaikh, a resident of Mumbai, to five-year rigorous imprisonment for attempting to murder the police officer.

The prosecution stated that the Pakistan-based Chhota Shakeel gang had contracted Kharade to kill Zadafiya because he was the home minister during the 2002 communal riots. Kharade sub-contracted Irfan Shaikh promising him half of the money, and supplied him with two guns and cartridges.

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Gujarat Anti Terrorist Squad (ATS) raided a hotel in Ahmedabad on August 19, 2020, on an intelligence input. Shaikh allegedly opened fire at the then ATS DySP B P Rojiya, who escaped unhurt.

The court accepted the prosecution's argument that Shaikh attempted to murder the cop, but found no evidence of a criminal conspiracy against Kharade and also acquitted him.

The evidence regarding the supply of weapons by Kharade to Shaikh was not cogent and concrete. Additionally, the CCTV footage showed only one person handing over a bag to another which is inadequate to establish handing over of money, the court stated.

"There is no evidence to show that the accused persons are connected with any Pakistan-based terrorist organisation, nor is there evidence to (show) whether they received any funds from banned terrorist organisations or whether they were members of a terrorist organisation indulged in unlawful activities," the court stated in its order.

"This court comes to the conclusion that the prosecution has failed to prove the charge of criminal conspiracy to commit a terrorist act," it said.

Shaikh has been in jail in Ahmedabad for over four years and this period will be offset against the five-year sentence.

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