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Global Kashmir Desk
Sogam : In a significant judgment, Mr. Mudasir Yousuf Malik, Judicial Magistrate 1st Class (JMIC), Sogam, convicted accused Reyaz Ahmad Khan S/o Habib Ullah Khan R/o Natnussa, Kupwara in a case arising out of FIR No. 04/2014 registered at Police Station Lalpora under Sections 363, 342 and 109 RPC.
The case, titled “State/UT of J&K vs. Reyaz Ahmad Khan and Others,” pertained to the kidnapping of a minor girl from the lawful guardianship of her parents and her subsequent wrongful confinement. After a thorough appreciation of evidence and hearing detailed arguments from both sides, the Court found Reyaz Ahmad Khan guilty of offences punishable under Sections 363 and 342 RPC.
During the sentencing hearing, the prosecution, represented by Mr. Zulfiqar Alam, Assistant Public Prosecutor, submitted that kidnapping and wrongful confinement are serious offences that not only affect the victim and her family but also create fear and insecurity in society. It was argued that such offences cause immense emotional and psychological trauma and therefore warrant an appropriate sentence in accordance with law.
After considering the aggravating and mitigating circumstances, including the absence of previous criminal antecedents and the prolonged duration of the trial, the Court sentenced the convict to:
* One year Rigorous Imprisonment and a fine of Rs. 10,000/- for the offence under Section 363 RPC.
* Two months Simple Imprisonment and a fine of Rs. 1,000/- for the offence under Section 342 RPC.
Both substantive sentences shall run concurrently. The convict was also granted the benefit of set-off for the period already undergone in custody during investigation and trial.
While declining the benefit of probation, the Court observed that offences involving kidnapping and wrongful confinement of a minor are serious in nature and involve moral turpitude. Consequently, the Court directed issuance of a warrant for taking the convict into custody and his lodgment in Sub-Jail Kupwara.
The case was successfully prosecuted on behalf of the Union Territory of Jammu & Kashmir by Mr. Zulfiqar Alam, Assistant Public Prosecutor.
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