Excelsior Correspondent
JAMMU, July 8: Principal Sessions Judge Bhaderwah, M K Sharma today awarded rigorous life-imprisonment to area commander of Hizbul Mujahideen Farooq Ahmed, son of Abdul Rashid of Basti Bhaderwah, who was facing trial for killing one Qayoom, son of Gh Rasool Sheikh of Sartingal for creating terror.
After hearing Public Prosecutor Fareed Ahmed Beigh for the State whereas Advocate Imtyaz Mir for accused, Principal Sessions Judge observed, “it is a cardinal principle of criminal jurisprudence that the prosecution is throughout burdened with a duty to prove its case beyond shadow of doubt but exaggerated devotion to the rule of benefit of doubt must not nurture fanciful doubts or lingering suspicion and thereby destroy social defence”.
“Justice cannot be made sterile on the plea that it is better to let hundred guilty escape than punish an innocent but the innocent should not be punished and the guilty should not escape the criminal liability”, the court said, adding “letting guilty escape is not doing justice according to law”.
With these observations, the court convicted the area commander of HM for the commission of offence punishable under Section 302 RPC. “The offence under Section 302 RPC carries the punishment of death or imprisonment for life and with fine. This is a case of murder of a young man of 37 years age without any enmity but with an intention to create terror”, the court said.
“There is nothing so uncommon about this crime to deem it as exceptional case in which instead of life imprisonment, death sentence could be awarded. Though an innocent person has lost life in the instant case but it does not fall in the category of rarest of rare cases where the death sentence is warranted”, the court observed.
With these observations, court awarded rigorous imprisonment for life and fine of Rs 5,000 to HM militant.
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