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| Court convicts man for offences punishable U/S 364 RPC | | Awards rigorous imprisonment of 10 years, Rs 50000 as fine | | S TAHIR-UL HAQ
EARLY TIMES REPORT
BARAMULLA, Aug 28: Ist Additional Sessions Judge Baramulla Naseer Ahmad Dar today convicted an accused namely Abdul Qayoom Tantray for the offences punishable under Section 364 RPC and sentenced him to rigorous imprisonment of ten years and fine to the tune of Rs 50,000 which shall be paid to the complainant of the case as compensation.
In case of default of the fine, the convict shall further undergo three months simple imprisonment.
However, the period undergone by the convict during the course of investigation and trial of the case shall be set off against the imprisonment of sentence awarded against him.
As per the details of the case, the complainant on 22-06-2002 lodged a written report in Police Station Sopore to this effect that on 22-12-2001 the son of the complainant namely Manzoor Ahmad Wani, son of Abdul Rahim Wani R/O Tragpora was picked up by an army officer who was accompanied by two persons namely Ab Qayoom Tantray son of Abdul Sattar Tantray of Rohama and Gh Ahmad Malik @ Jahangir of Buden Tehsil Sopore.
It is stated that the complainant repeatedly requested the concerned Army Camp for release of her son but he was not released. The complainant has no whereabouts of her son and the complainant has approached several officers but till date nothing was heard about her son.
Upon receiving this complaint a case bearing FIR No. 126/2002 U/Ss 364 RPC was registered in the Police Station Sopore.
The challan of the case was presented before the court on 08-09-2006. The charges were framed against the accused persons on 14-11- 2006, the accused did not admit the guilt, as such, the prosecution was directed to adduce the evidence in support of the charge. The prosecution produced and examined all the cited 30 PW’s in the case.
After hearing both the parties and appreciating the evidence the court of 1st Addl. Sessions Judge Baramulla held accused No. 1 namely Ab Qayoom Tantray guilty for the offence punishable U/S 364 RPC and acquitted him from the offences punishable U/S 302,201,348,109 RPC, 7/25 A.Act.
The Court acquitted the accused No. 2 namely Gulzar Ahmad Bhat aka Setha from the offence 348,109 RPC.
The Court further held that the army officer, who belongs to 28 RR appears to be the main accused in the case but till date neither the prosecution nor I/O have been able to produce a supplementary charge sheet against the said person before the Court nor they have obtained the requisite sanction for his prosecution.
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