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| Pak trained HM militant sentenced to 5 yrs RI | | | Early Times Report
Rajouri, Oct 27: Additional Sessions Judge Rajouri Sanjay Parihar today awarded five years rigorous imprisonment and fine of Rs 3000 to Mirbaz son of Fateh Mohammed resident of Panid Tehsil Kotranka an alleged Pak trained Hizb-ul-Mujahideen for possessing prohibited arms AK-56 and ammunition along with Pak currency.
According to the prosecution case during intervening night of 24/25 November 2004 security forces along with local police personnel carried out search operation about the presence of terrorists in the area. The area was cordoned and searched and during search the accused identified by the local as Mirbaz was apprehended. Upon his disclosure, security forces recovered one AK-56 Rifle, five magazine AK-56, 150 rounds of AK-56, Pak currency of Rs 125 and radio set. The security personnel later on handed over the accused to local police. The local police registered a case u/s 7/25 Arms Act, r/w section 120-B, 121-A, 122/123 RPC and 2/3 EIMCO. During investigation in the JIC Jammu the accused disclosed that he is a Pak trained militant and crossed over to that country in 1986 and came back later after crossing international border. He was affiliated with terrorist organization Hizb-ul-Mujahideen, who imparted him training of use of arms/ ammunition with the object to cause unrest in the J&K. After hearing Additional Public Prosecutor appearing for the State and Advocate Deepak Sharma appearing for the accused, the Judge observed that witnesses have testified to have witnessed not only arrest of the accused but also at his instance arms were recovered and he was having conscious possession of such arms. It is further proved that arms and ammunition of AK type are prohibited arms, so possession of accused of arms and ammunition was in violation of the section 7 of Arms Act. This prosecution has brought him u/s 7/25 Arms Act.
The Judge however observed that since no material against accused having his involvement in offence u/s 2/3 EIMCO is established the accused is acquitted, but found guilty for offence u/s 7/25 Arms Act and awarded five years RI and fine Rs 3000 u/s 7/25 Arms Act to accused Mirbaz. JNF
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