A bench of Justices Uday Umesh Lalit and Indu Malhotra restored a trial court order of Ernakulam in Kerala, which has sentenced Yasmeen Mohammad Zahid to seven-year jail.
The bench set aside the Kerala High Court order reducing her sentence to three years, saying the quantum of sentence imposed by the trial court was correct and adequate.
"The only ground that weighed with the High Court while reducing the sentence was sympathy. The material on record indicates the role played by Yasmeen. Even at the time of her arrest, while leaving for Afghanistan, certain objectionable material was found on her person," the top court said.
"The intensity of her participation and involvement were clearly made out. In the circumstances, there was no room for invoking sympathy".
A preliminary investigation was undertaken at Chandera, Kasaragod in Kerala regarding 14 persons had left India to join Islamic State, a terrorist organisation. The National Investigation Agency (NIA) arrested Yasmeen on August 8, 2016, at Indira Gandhi International Airport, Delhi while she was attempting to travel to Afghanistan along with her child.
According to the prosecution, there was a criminal conspiracy between Yasmeen and her husband for supporting IS acvities.
The NIA chargesheeted 15 accused including Yasmeen. However all the other 14 accused are on run.
The trial court found that the prosecution had established the case against Yasmeen and convicted her of the offences punishable under various sections of the Unlawful Activities (Prevention) Act (UAPA) and sentenced her to suffer rigorous imprisonment for seven years.
The High Court reduced the substantive sentence from seven years to three years.
( With inputs from IANS )