HC acquits minor in abduction, murder case

Excelsior Correspondent

Srinagar, July 12: High Court today acquitted a minor in abduction and murder case while giving him the benefit of juvenility.
The appellant Palla, court said, being a juvenile, had to undergo the sentence for a period not exceeding three years but he has admittedly undergone and served the sentence for a period of 11 years.
“Therefore, we feel it appropriate to maintain the conviction and modify the sentence of the appellant for the period prescribed under the provisions of the Act. The appellant shall be released forthwith”, Division Bench of Chief Justice Badar Durez Ahmad and Justice Ali Mohammad Magrey directed.
Court while passing the direction for release of the appellant referred certain provisions of the Juvenile Justice Act which amply demonstrate that the juvenile cannot be kept in confinement for a period exceeding three years and even such confinement has to be strictly as prescribed by the Act.
“Whatever the reason, the appellant despite being a juvenile, has not received the benefit available to him under the provisions of the Act and he has already undergone a period of 11 years in Jail like any other criminal”, court said and directed the Superintendent, Central Jail, Srinagar to release the accused Palla from custody forthwith.
The criminal appeal was filed by the appellants against the judgment and the order of conviction and sentence passed in August 2012 and September 2012 by Principal Sessions Judge, Shopian, in case FIR No. 47/2005 of Police Station Zainapore for the commission of offences punishable under Section 364 (kidnapping or abduction in order to murder) of the Ranbir Penal Code.
Trial court had held responsible Mohammad Ishaq Palla and Tariq Ahmad Sheikh for abduction and murder of one Nazir Ahmad Kumar of Manihal, Shopian on September 2005.


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