Excelsior Correspondent
JAMMU, Oct 5: In an criminal appeal filed by the convicts Mohd Rafiq and others against the judgment of Trial Court whereby life-imprisonment was awarded to them for providing shelter to LeT militant on December 8, 2006, Division Bench of High Court comprising Justice Hasnain Massodi and Justice Bansi Lal Bhat set-aside the life imprisonment and awarded three years rigorous imprisonment and fine of Rs 10,000 each.
After hearing Senior Advocate Sunil Sethi with Advocate Mosin Bhat appearing for the convicts whereas AAG Ravinder Sharma for the State, DB observed, “the present case is to be seen in a broader spectrum ignoring certain flaws, if at all occurred on certain aspects. We are conscious of the fact that certain witnesses to the occurrence have not supported the case of the prosecution, but that would not at all brittle the case of the prosecution, which is proved to the hilt from other witnesses”.
“It is the quality and not the quantity, which is to be appreciated. The prosecution is not supposed to produce all the witnesses. The trial Court in the circumstances was not right in convicting the appellants of the offence punishable under Sections 302 RPC, 307 RPC and 120-B RPC. The evidence on record, however, proved commission of offences punishable under Sections 212, 120-B RPC against the appellants”, the DB said.
With these observations, Division Bench set aside the life-imprisonment awarded by the trial court and convicted the appellants in offences punishable under Section 212, 120-B RPC. The DB awarded rigorous imprisonment for three years and a fine of Rs 10,000 each to the appellants.
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