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| Court enhances sentence of 3 Pak Nationals | | |
Early Times Report
Jammu, Mar 4- In three revision petitions filed by the State against the judgment of Munsiff Magistrate RS Pura passed on February 5, and 8, 2007, convicting Mohammed Ajaz son of Mohammed Akbar resident of Gopalpur Tehsil and District Sailkot, Pakistan, Imran son of Jamshed Sheikh of Mohalla Deputy Bagh, near Ellahi Bazar Police station Kotwali District Sialkot Pakistan and Naseeb Ullah son of Mohammed resident of Mallanwali Tehsil and District Gujjranwala Pakistan for simple imprisonment of six months and fine of Rs.500 for entering into Indian territory without valid documents, the Principal Sessions Judge Jammu SS Sarangal today enhanced the sentence to two years rigorous imprisonment u/s 14 Foreigner Acts and fine of Rs 10000, besides enhancing the sentence to one year from three months u/s 3 of the Passport Act. While enhancing the sentence, the Court observed that the Trial Magistrate has not correctly recorded the conviction and imposed the punishment. The offence committed by the accused is, firstly, covered under section 3 of “The Passport (Entry into India) Act, punishable with imprisonment for a term which may extend to 5 years or with fine which may extend to 50,000 rupees or with both. Secondly the conviction under Sec. 14 F. Act is not correctly recorded because the offence committed by the convicts is covered under Sec. 14-A (b) of the F. Act for which they are liable to be sentenced with imprisonment for the minimum term of 2 years, which may, however, extend up to 8 years and with minimum fine of ten thousand rupees, which may extended to fifty thousand rupees.Court is of the considered view that imposition of the minimum punishment would be apt rather than remanding the case for re-trial. In the face of the confession made by the convicts the court has no hesitation in accepting that the convicts, being Pak Nationals, undisputedly Foreigners. So no issue in this regard arises. It is the prosecution case, as disclosed by the charge sheet drawn by the police and accompanying documents that the convicts sneaked into the Indian Territory after crossing over the International Border in search of livelihood. It is not the prosecution case that accused had entered Indian Territory with a wicked design like commission of an act connected with security of Indian. The accused, thus, deserve a lenient view and nothing more than the minimum prescribed penalty should be imposed upon them and enhanced the sentences, which shall run concurrently. JNF
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