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Court awards 18 yrs imprisonment to ISI trained militant
1/2/2008 11:00:26 PM
Early Times Reporter
Jammu | Jan 2
Principal Sessions Judge, Jammu, Mr. J. R Kotwal, sentenced and convicted Raja Muzaffar Ahmed code name Rashed r/o Bamyar, Baramulla to undergo 18 years imprisonment.
According to the prosecution case that on May 1, 2000, one Sanjeev Kumar informed border police force Chakra that he had gone his field and he came across to unknown persons coming from border side, who enquired from him about the vehicular road to Jammu. Both the said persons were Urdu speaking and alien to the area and he has got them seated on a shop. On this information, the police party proceeded for the spot and brought both the said persons to the police post. During the course of investigation Raja Muzafar Ahmed made a disclosure statement on the basis of which two hand grenades, one pistol magazine loaded with 7 cartridges, one packet of RDX weighing five KGs, three time pencils, three detonators and a compass were recovered. A similar recovery comprising grenades and RDX was effected on the basis of disclosure statement by accused Bilal, it was found during in further investigation that the accused persons were active members of the PAK trained banned organization ( Islami Front). They at the instance of Pakistani Intelligence Agency ISI had entered India after crossing over international border in Hira Nagar Sector with the purpose of executing disruptive activities including loss of life and property and over throwing and overthrowing elected Government in the state of J&K and huge amount of Arms and ammunition was found in their possession. Accused Bilal Ahmed by that time had absconded (no reason has been mentioned in the police report) and the request of the prosecution he has been proceeded u/s 512 Cr PC.
Principal Sessions Judge, after hearing Public Prosecutor EA Tak appearing for the state and Adv Dinesh Verma appearing for the accused, observed that the offence committed by the accused Raja Muzafar Ahmed is serious as well as heinous, normally, a person involved in commission of such offence does not deserve leniency. Court can see mitigating circumstances in the case as to how meekly the accused and the co-accused, who is proceeded u/s 512 Cr PC had made their way to police custody. They did not retaliate at all when confronted by a civilian and taken into custody by the police even though one of them (Bilal) allegedly possessed a fire arms pistol conduct of the accused persons as at the time of their capture by the police gives the Court a reason to believe that they might have a second thought about their future course of action, besides that Court has also taken note that the convict is in custody from last more than seven years that too is a factor to mitigate the quantum of sentence to be imposed upon him. With these observations Court convicted and sentenced the accused to undergo imprisonment for a terms of eight years u/s 3 Enemy Agent Ordinance and fine Rs 5000. The accused is further is sentenced to undergo imprisonment for a terms of five years u/s 4 and five years u/s 5 of Explosive Substances Act. Court, however, clarified that punishments of the all sentences shall run concurrently. JNF
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