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| DB awards 3 yrs RI, fine ` 10,000 to convicts, sets aside Life sentence for offering shelter to LeT cadre | | | EARLY TIMES REPORT
Jammu, Oct 5 : In an criminal appeal filed by the convicts Mohd Rafiq & ors against the judgment of Trial Court whereby it had awarded life-imprisonment and fine Rs 25000, the Division Bench (DB) of State High Court Comprising Justice Hasnain Massodi and Justice Bansi Lal Bhat sets-aside the life-imprisonment awarded by the Trial Court. DB convicted the appellants u/s 212/120-B RPC and awarded three years rigorous imprisonment and fine Rs 10,000 each. The judgment written by Justice Hasnain Massodi for the Division Bench while setting-aside the judgment of the Trial Court observed that the present case is to be seen in a broader spectrum ignoring certain flaws, if at all occurred on certain aspects. "The prosecution is not supposed to produce all the witnesses, if it in a position to prove the case from a particular set of evidence. The trial Court in the circumstances was not right in convicting the appellants of the offence punishable under Sections 302 RPC, 307 RPC and 120-B RPC, DB observed and said the evidence on record, however, proved commission of offences punishable under Sections 212, 120-B RPC against the appellants. With these observations, Division Bench impugned judgment and order cannot stand legal scrutiny. The Criminal Appeal No. 14/2012 is allowed and the appellants conviction for the offences punishable under Section 302 RPC, 307 RPC and 120-B RPC and the sentence of rigorous imprisonment for life and a fine of Rs.25000/- for commission of offence U/S 302 read with 120-B and ten years rigorous imprisonment for the offence U/S 307 RPC is set aside. DB also added that appellants are convicted of offence punishable under Section 212, 120-B RPC and sentenced to rigorous imprisonment for three years and a fine of Rs.10,000/- each and in default of payment of fine to a further imprisonment of three months. According to case Major Narinder Singh, Company Commander, F - COY 39 Rashtriya Rifles Grenadiers, stationed at Jagal, Mendhar on 8th December 2006 received a information regarding presence of terrorists in the area under his jurisdiction. A joint search operation with CRPF and SOG Mendhar in general area Banola- Kaneti was launched promptly and security forces came to know that one terrorist was holed up in appellants residential house at Kaneti. "It was learnt that the appellants to help the terrorist escape arrest, kept him locked inside an alimirah/cupboard in the house. The information received made Major Narinder Singh to deploy a search column at 730 hours, to the target area i.e appellants house and found an alimirah locked, the case said adding, "however the appellants were not found in the house. However, the female family members of appellants avoided to cooperate with the search party, leaving no option with the Company Commander but to search the almirah in absence of the owner of the house (appellant no. 1) or any of his family members. The moment almirah was broken open, the terrorist holed up inside almirah opened indiscriminate fire on the search party, resulting in death to Security Force personnel, namely, Virender Singh 2694028AGDR and a civilian Mohammad Sharief while Jung Sher Ali JC-450086X NB Sub was injured in the firing incident. Later the terrorist identified as Abu Suhail alias M2 District Commander LET was also gunned down. Police registered a case in this matter and after completion of the investigation presented challan in the court. (JNF) |
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