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| Court awardS 11 years RI to two PAK national involved in two blasts | | |
Jammu, August, 30- Presiding Officer TADA/POTA/Third Additional Sessions Judge Jammu Wani ND today convicted and sentenced two PAK national, trained ISI Agents Mohd Sadiq S/o Baloch and Shahbaz S/o Mohd Sharief both r/o Nawa Pind, Sialkot, Pakistan, who are facing trial in two bomb blasts in the year of 2000 to undergo 11 years rigorous imprisonment and fine Rs 8000/- each.
According to the police story on the interceding night of 18/19 October, 2000, two blasts occurred in the field of Gurvinder Singh in village Terva near the tube well, which cause damage to tube-well. The accused again the month of October cross the border and went to Delhi and were arrested their and during the investigation, they disclosed about the two blasts. The Delhi Police informed the SP border Jammu, on this information SHO P/S Arnia got the production warrant and went to Delhi and brought the accused to J&K. Their confession u/s 164 CrPC was recorded at RS Pura, the statement of the accused persons were recorded by then Judicial Magistrate RS Pura Mr. RK Abrol and a case u/s 3 PSS Act and 14 FA was registered by the police and after completion of the investigation, Challan was presented in the competent Court.
Special Judge under TADA/POTA/Third Additional Sessions Judge Jammu Wani ND after hearing Additional Public Prosecutor Mr. Gulzar Singh Charak, observed that the confessional statement made by Mohd Sadiq and Shabaz before Mr. RK Abrol JMIC RS Pura are inconformity with the provision of section 164 and confession recorded and after paying due record to the instructions contained in the guidance of Court Subordinate and High Court. The memorandum prepared revealed that the statement has been recorded in conformation with the provisions of section 164 CrPC, therefore reliance to be placed on this statement supported by the attending circumstances. The first set of evidence established that two blasts were caused on the intervening night of 18/19 October, 2000 causing huge damage to electric transformer and slight damage to the tube-well room. Accused have made voluntary confession that they are responsible for causing these blasts when they crossed border and entered in the territory of India. The circusmatncial evidence and the confession made by the accused established the fact that none but the accused have caused these blasts after entering in Indian Territory of J&K State. Therefore, they are guilty u/s 3 PSS Act and 14 Foreigner Act. The APP Mr. Gulzar Singh submitted that keeping in view gravity of offence a harsh punishment is required for the accused whereas the counsel appearing for the accused persons submitted that accused Shahbaz is a young man and accused Mohd Sadiq is old man atleast 60 years of age, being the poor people deserves a lenient view. While awarding sentence Wani ND Said that the accused are apparently poor, therefore, they deserves a lenient view. In the circumstances of case, the accused are convicted to undergo rigorous imprisonment u/s 3 PSS Act for a period of Six years and shall pay a fine of Rs 4000/-. The accused are further sentence to undergo rigorous imprisonment u/s 14 F A for five years and shall pay fine of Rs 4000/-. Both the sentences shall run concurrently, Court ordered. After awarding the sentence Court ordered the accused be sent back to the Tihar Jail, Delhi from where they were brought.
Please Note Special Judge TADA’s Name is Wani ND not ND wani
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