
The Principal District and Sessions Court, Kupwara, has pronounced the sentence in a nearly decade-old case, awarding a cumulative imprisonment to a Pakistani national convicted in an attempt to murder and illegal arms possession case registered at Police Station Sogam in 2016.
The court, presided over by Principal Sessions Judge Manjeet Singh Manhas, sentenced Hanzullah Yaseen Raie alias Abu Ukasa, son of Muhammad Yaseen Raie, a resident of Bhawalpora in Punjab, Pakistan, to rigorous imprisonment of ten years under Section 307 of the RPC. The sentence also includes a fine of Rs 10,000, with a provision of three months of simple imprisonment in case of default.
In addition, the court awarded another ten years of rigorous imprisonment and a fine of Rs 5,000 under Section 7/25 of the Indian Arms Act. For the offence under Section 14 of the Foreigners Act, 1946, the convict was sentenced to five years of rigorous imprisonment along with a fine of Rs 5,000. In default of payment of fines in the latter two offences, the convict will undergo one month of simple imprisonment in each case.
The court ordered that all sentences shall run concurrently, observing that the offences arose from a single composite transaction. The court also granted the benefit of set-off under Section 428 of the Code of Criminal Procedure, allowing the entire period of judicial custody already undergone by the convict since June 20, 2016, to be counted towards the sentence. The record shows that the accused has spent over nine years in continuous incarceration.
While noting the gravity of the offences and their implications for the security of the State, the court held that the facts of the case did not fall within the rarest category warranting life imprisonment. The order cited mitigating circumstances, including the voluntary confession of the accused and the absence of injuries to security personnel, to justify a calibrated and proportionate sentence.
The court further directed that after completion of the sentence, and subject to any remission permissible under law, the convict shall be dealt with under the Foreigners Act, including repatriation to Pakistan. A copy of the sentencing order has been directed to be provided to the convict free of cost.
The Principal District and Sessions Court, Kupwara, has pronounced the sentence in a nearly decade-old case, awarding a cumulative imprisonment to a Pakistani national convicted in an attempt to murder and illegal arms possession case registered at Police Station Sogam in 2016.
The court, presided over by Principal Sessions Judge Manjeet Singh Manhas, sentenced Hanzullah Yaseen Raie alias Abu Ukasa, son of Muhammad Yaseen Raie, a resident of Bhawalpora in Punjab, Pakistan, to rigorous imprisonment of ten years under Section 307 of the RPC. The sentence also includes a fine of Rs 10,000, with a provision of three months of simple imprisonment in case of default.
In addition, the court awarded another ten years of rigorous imprisonment and a fine of Rs 5,000 under Section 7/25 of the Indian Arms Act. For the offence under Section 14 of the Foreigners Act, 1946, the convict was sentenced to five years of rigorous imprisonment along with a fine of Rs 5,000. In default of payment of fines in the latter two offences, the convict will undergo one month of simple imprisonment in each case.
The court ordered that all sentences shall run concurrently, observing that the offences arose from a single composite transaction. The court also granted the benefit of set-off under Section 428 of the Code of Criminal Procedure, allowing the entire period of judicial custody already undergone by the convict since June 20, 2016, to be counted towards the sentence. The record shows that the accused has spent over nine years in continuous incarceration.
While noting the gravity of the offences and their implications for the security of the State, the court held that the facts of the case did not fall within the rarest category warranting life imprisonment. The order cited mitigating circumstances, including the voluntary confession of the accused and the absence of injuries to security personnel, to justify a calibrated and proportionate sentence.
The court further directed that after completion of the sentence, and subject to any remission permissible under law, the convict shall be dealt with under the Foreigners Act, including repatriation to Pakistan. A copy of the sentencing order has been directed to be provided to the convict free of cost.
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