EARLY TIMES REPORT
JAMMU, Mar 25: A Division Bench of Jammu & Kashmir High Court comprising Justice Tashi Rabstan and Justice Vinod Chatterji Koul in an appeal filed against the conviction passed by the Sessions Judge, Kathua, modified judgement and order of conviction passed by the court of Sessions Judge, Kathua, is modified. The sentence to undergo rigorous imprisonment for 20 years is reduced to 15 years. And insofar as the penalty of Rs 1 lakh is concerned, that shall remain same.
Division Bench after hearing both the sides observed that After considering the Judgment of the Ld Trial Court, hearing the submissions of the rival sides, this court is of the opinion that prosecution has successfully proved its case beyond any reasonable doubt and the Trial Court have very rightly recorded the conviction of the appellants . This court is not oblivious of the fact that appellants are convicted in a very serious offence affecting the society at large. Considering the nature of the offence, so also the seriousness of the crime, there is no reason to reduce the punishment awarded to the appellants/ accused persons. Considering the age of the appellants, their poor background and the fact that appellants are behind the bars since their arrest in this case. Furthermore, in case of Balwinder Singh Vs Asst. Commissioner, Customs and Central Excise (2005) 4 SCC 146, The Honble Supreme Court has narrated the relevant factors to be considered for reduction of sentence for the offence under NDPS Act. In the said Case, the accused was convicted under the NDPS Act for the first time and therefore, the sentence was reduced from RI for 14 years to RI for 10 years. Coming to the case in hand, there is no report from the prosecution side that the appellants are the repeaters of the offence, this suggest that they are the first timers.
So, in view of law laid down by the Supreme court in the case of Balwinder Singh (supra) coupled with facts and circumstances of the case in hand and the fact that there is no record to show that accused persons/appellant had previously committed such offences, the instant case is also considered on the lines of above cited judgement and as a corollary thereof, the sentence of appellants is reduced from RI for 20 years to RI 15 years, However, the penalty imposed by the Trial Court shall remain the same.
With these observations Division Bench partly allowed the appeal and the impugned judgement and order of conviction passed by the court of Sessions Judge, Kathua, is modified.
The sentence to undergo rigorous imprisonment for 20 years is reduced to 15 years. And insofar as the penalty of Rs.1.00 Lakh is concerned, that shall remain same. (JNF) |
