13 months imprisonment awarded in extortion, trespassing case

Excelsior Correspondent
SRINAGAR, Aug 8: Ist Additional Sessions Judge Baramulla Naseer Ahmad Dar has convicted a man accused of extortion and criminal trespassing and sentenced him simple imprisonment of one year and fine of Rs 10,000 for the offence punishable under Section 387 RPC and simple imprisonment for one month and fine of Rs 2000 for the offence punishable under Section 447 RPC.
The convict namely Javaid Ahmad Teli of Baba Teing Pattan was claiming to be associated with a militant outfit and was accused of extorting money from the people.
According to the prosecution, on intervening night of 16th/17th of July 2004, accused entered into the house of the complainant and while claiming to be the member of Lashkar- e-Toiba militant outfit demanded Rs 50,000 from the complainant.
The accused was caught hold by the complainant and was kept inside the house till morning and then he was handed over to Police Station Pattan where FIR was registered.
After hearing the concerned parties, the Judge observed, “since the convict in this case been charged on 28-07-2009 and till date his conduct during the trial has remained satisfactory and the delay in the trial cannot be attributed to him, as such, in view of the conduct shown by the accused the convict is sentenced to simple imprisonment of one year and fine of Rs.10,000 for the offence punishable under Section 387 RPC and simple imprisonment for one month and fine of Rs 2000 for the offence punishable under Section 447 RPC”.
The Judge also held that in case of default of payment of fine in either of the offence, the accused shall further undergo simple imprisonment of one month in each offence. “The period of detention if any, already undergone by the accused during investigation or trial shall be set off”, the court said, adding “the fine amount shall be given to the complainant in the case as compensation”.