Excelsior Correspondent
JAMMU, Aug 2: Division Bench of State High Court comprising Justice Hasnain Massodi and Justice Janak Raj Kotwal has upheld the conviction of one Mohd Yousuf Shah, son of Abdul Gani Shah of Nowabad, Bathindi. However, the DB converted the death sentence into life-imprisonment.
According to the prosecution case, Mohd Yousaf on March 12, 2003 called Owaise Rashid, deceased, into his house at Bathindi and committed sodomy with him. Later, he strangulated Owaise. The accused was caught by the police when he along with Mohd Saleem Khan and Sohan Lal was shifting the dead body to an isolated place in a minibus.
On April 3, 2012, Trial Court awarded death sentence to the accused Mohd Yousaf. However, the accused filed appeal against the judgement of Trial Court.
In the judgement written for the Division Bench, Justice Hasnain Massodi observed, “prosecution has no direct evidence to link the accused with the offence alleged against him and places exclusive reliance on circumstantial evidence”.
“There are aspects of the sentence awarded by the Trial Court that call for a second look. The Trial Court has awarded imprisonment for life for commission of offence punishable under Section 377 RPC. It has escaped attention of the Trial Court that the offence punishable under Section 377 RPC carries a sentence of imprisonment of life or sentence of ten years rigorous imprisonment and lesser of the two sentences is to be awarded, in absence of any reason for award of sentence of life imprisonment, to be recorded by the Court”, the DB said.
With these observations, Division Bench upheld conviction of the appellant for the offences punishable under Section 302, 377, 201/511 RPC recorded by the Principal Session Judge, Jammu on April 3, 2012. However, Division Bench modified the death sentence awarded by the Trial Court and ordered that the appellant shall undergo Rigorous Imprisonment for life for offence punishable under Section 302 RPC.
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