JAMMU, Jan 1: A Division Bench comprising Justice Sanjeev Kumar and Justice Puneet Gupta upheld the conviction awarded by POTA court to one Farid Ahmad a police cop in militancy case.
The appellant while he was serving in the police as Constable in District Udhampur remained absent from duty w.e.f. 29th September, 2001 till 11.11.2001 & joined back his duties on 15.11.2001 but police seized some photographs of militants from the possession of the appellant.
During investigation, it also came to be established that the appellant was harboring the militants of Mahore area to spread militancy & after completion of investigation challan was presented and POTA Court convicted the appellant for commission of offence punishable under Section 3(4) of the POTA and sentenced to undergo imprisonment for three years with fine of Rs.1000/- and in default of making the payment of fine, for further imprisonment of six months.
Against the judgment of POTA Court, present appeal was filed. Division Bench after hearing both the sides observed that the trial Court has correctly appreciated the evidence on record and has come to a right conclusion with regard to the guilt of the appellant.
DB dismissed the appeal and uphold the judgment of conviction and the order of sentence passed by the trial Court.
The bail bonds of the appellants are cancelled & Court further ordered that the appellant, who is on bail, shall surrender before the trial Court within ten days and upon his surrender, he shall be sent to jail for serving the remaining sentence.
In case the appellant fails to surrender before the trial Court within the period prescribed, the trial Court shall secure his presence through coercive measures and send him to jail for serving the remaining sentence.
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