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Militant gets 5 yr RI in kidnapping, torture case | | | Early Times Report
Jammu, Dec 8: Principal Sessions Judge, Bhaderwah, Sanjeev Gupta today awarded five years' rigorous imprisonment to militant Abdul Gani alias Hamad, son of Ali Mohammad Butt of Chanyas, Thathri, who had kidnapped the prosecutrix because her brother had surrendered before police. The court also directed state to pay the victim a compensation of Rs 1 lakh. According to the prosecution case, the accused on June 16, 2004 abducted Mohammad Ibrahim and his daughter Maryem Begum at gun point to kill them when both of them were on their way towards 'Mihand Dhar' in Gandoh and took them to a forest area where they were mercilessly beaten up. After the matter came to their notice, police registered an FIR and took up the investigation. During searches for the victims, a police party led by SI Chanchal Singh, incharge STF, Gandoh, recovered the prosecutrix in an injured condition from 'Mihand Dhar'. She was then taken to Gandoh hospital for treatment but no clue with regard to the whereabouts of the other was found. However, on August 9, 2004, he was recovered in an injured condition from the temporary shed of Nawab Din and Lal Din situated at 'Mashod Dhar'. He was rushed to Gandoh hospital on the next day for treatment. The investgating officer visited the spot and prepared the site plan, besides recording the statements of witnesses including victims under Section 161 of CrPC. The medical examination certificates of the victims were obtained which revealed that both of them had suffered number of grievous injuries on the different parts of their bodies. After the completion of investigation, the complicity of the accused in the crime was established. Since the accused was an active militant and had been operating in Gandoh forests, he could not be arrested as he had gone underground after the incident. After the completion of investigation, police presented challan in the court of law. The judge, after hearing the two sides, ordered that convict was sentenced to undergo rigorous imprisonment for a period of five years under section 364 of RPC with a fine of Rs 3,000. He was also convicted under section 325 of RPC and sentenced to undergo rigorous imprisonment for a period of three years with a fine of Rs 3,000 and under sections 323 and 324 of RPC and sentenced to undergo rigorous imprisonment for a period of one year each under both the offences. In default in payment of fine amounting to Rs 6,000, he shall undergo simple imprisonment for a period of 15 days each which shall run concurrently, the court directed. (JNF) |
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