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| 7 years’ RI awarded to militant in kidnapping for ransom | | |
JAMMU, APRIL 27
Principal Sessions Judge, Kathua, Mr. BL Bhat awarded seven years rigorous imprisonment to alleged militants Saif-ud-Din, facing trial in kidnapping two persons for Rs two lakh ransom .
According to prosecution case a Police party from Billawar, headed by SHO, during its patrol duty on November 5, 1995 in hilly area, were informed that militants had sneaked in the area and kidnapped Bishan Dass and the wife of his brother Keshao and demanded Rs one lakh each and the gun and also threatened to eliminate their family unless their demand was met. He identified one of them as Saif-ud-Din and a case u/s 121, 121-A, 148, 149, 364, 395 RPC and 3/25 Arms Act and also r/w section 3/5 Enemy Agent Ordinance was registered. It was further disclosed that accused Saif- ud-Din and Ijaz Khan demanded the son of kidnapped lady Hem Raj or in alternative arrange money and rifle. They also looted the shop of Namabardar Angrez Singh.
During the enquiry it was established that one Mohammed Abass was found involved in the commission of offence u/s 212 RPC. Accused Saif-ud-Din was arrested and also subjected to sustained interrogation, whereas accused Ijaz Ahmed Khan absconded after the commission of offence and after the completion of investigation challan was presented in the court of law.
Court after hearing the witnesses acquitted accused Mohammed Abass as witnesses said that accused Saif-ud-Din had been visited to his father’s house as a son-in-law.
Principal Sessions Judge while convicting the accused pointed out inadequacy in law to deal with cases of kidnapping for ransom and regretted that despite the State facing terrorist activities for last 17 years, the State panel law has not been brought at par with Central Legislation section 364-A to effectively deal with the crime of kidnapping for ransom.
Bhat maintained that it is appropriate that the State legislature introduces legislation in RPC to bring the same at par with Central Panel Law so that the courts do not face handicapped in awarding sentence commensurate with specify crime of kidnapping for ransom. In absence of specific provision dealing with ransom kidnapping, the conviction of accused has been recorded u/s 365 RPC in addition to offence u/s 392/323. The occurrence is essentially a militancy related incident, which brings to fore the plight of defence-less inhabitants, who are forced not only to provide food and shelter to armed insurgents but also suffer kidnapping, rape and murders. It is likely that countless cases of similar nature must have gone unreported for fear of backlash. It is also likely that many people must have secured the release of their kidnapped relatives by paying hefty amounts as ransom. Bearing all relevant factors into consideration, Court is of the opinion that sentence of rigorous imprisonment for seven years for offence u/s 365 and 392 RPC on each count would be commensurate with level of guilt proved against accused Saif-ud-Din. Simple imprisonment for six months would be appropriate as sentence for his conviction u/s 323 RPC and the convict shall also pay a fine of Rs 1000 on each count, the Court ordered.
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