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| Court enhances sentence to Pak National | | | Early Times Reporter
Jammu | Sep 4
Principal Sessions Judge Jammu Mr. JR Kotwal, in a criminal revision filed by the state against the order of Judicial Magistrate RS Pura, today modified the order to the extent that accused is convicted u/s 14-A (b) of Foreigners Act, sentence to undergo rigorous imprisonment for a term of two years and pay fine of Rs 10,000. In default of payment of fine, he shall undergo RI for further term of six months. In addition respondent is convicted u/s 3 of Passport (entry into India) Act 1920 and sentenced to undergo rigorous imprisonment for a term of one year.
This criminal revision filed by the State through Public Prosecutor EA Tak challenged the imprisonment awarded by the Judicial Magistrate RS Pura for a term of 3 months u/s 14 Foreigners Act and one month u/s 3/6 Indian Passport Act. The impugned order is challenged only so far as it relates to the quantum of punishment imposed in proof of offence u/s 14 Foreigners Act. The grievances of the state are that the punishment imposed by the Trial Magistrate is less than minimum punishment provided for the offence.
While awarding sentence to Pak National namely Abdul Gafoor s/o Manzoor Hussain r/o village Kabral Azeem Muzafar Garh, Pakistan, who sneaked into the Indian Territory after crossing the International Border in search of livelihood, the Court observed that it is not the prosecution case that accused has entered into Indian Territory with a wicked design like commission of an act connected with security of India. The accused thus deserves a lenient view and said that Trial Magistrate has not correctly awarded the conviction and imposed the punishment. The offence committed by the accused is covered u/s 3 of Passport (entry into India) Act 1920 punishable with imprisonment for a term which may extend to five years or with fine which may be extended to Rs 50000 or with both. The offence committed by the Abdul Gafoor (Pak-National) is also covered u/s 14-A (b) of Foreigner Act for which he is liable to be sentenced with imprisonment for the minimum of term of 2 years, which may, however, extended up to 8 years with minimum fine of Rs 10,000 which may extended to Rs 50,000. With these observations, Court modified the sentence awarded by the Trial Magistrate RS Pura.
Principal Sessions Judge further observed that Public Prosecutor submitted at bar that even though the term of imprisonment imposed by the Trial Magistrate has come to an end but the Abdul Gafoor ( Pak National) is still detained in Central Jail Kot-Bhalwal Jammu as formalities connected with his deportation have not yet been completed. Upon this, Court ordered that fresh execution warrant be issued authorizing and directing the Superintendent Jail for executing the sentence accordingly. JNF |
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