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HC reduces Patwari’s sentence to six months
2/17/2007 10:39:10 PM
Jammu, Feb 17
Justice Hakim Imtiyaz Hussain of J&K High Court Jammu wing in a criminal appeal filed against the judgment of Special Judge Anticorruption Jammu passed on July 14, 1998, whereby the court below convicted and sentenced to Patwari Mohammad Rashid to undergo rigorous imprisonment for two years and fine of Rs 1000, reduced the sentence to six months from two years without touching the fine imposed.
According to the Vigilance case, one Daya Ram lodged a written complaint with the Vigilance Organization in which complainant alleged that accused Patwari of the area village Ghar Majhur Tehsil Akhnoor demanded Rs 600 illegal gratification for issue of some revenue document and deal was struck at Rs 350, which was paid to the accused on February 6, 1995. On this complaint the VO constituted a trap team and laid trap and recovered bribe money from the accused and after completion of the investigation challan was presented in the court of law. The Trial Court framed charges against the accused on February 13, 1996 and after completion of the trial awarded two years RI and fine of 1000.
Against this order, the convict filed an appeal and Court suspended the sentence after 12 years. After hearing Additional Advocate General BS Salathia, Justice Hakim Imtiyaz Hussain observed that keeping in view the nature of act committed and the fact that no previous conviction is alleged or established against the appellant as the present one is his first offence, the imprisonment of two years is excessive and that the imprisonment for six months will in the nature of the case, meet the ends of the justice. The two years sentence awarded by the Trial court is reduced to six months without touching the fine imposed, the Court ordered and allowed the appeal to extend of sentence.
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