Kupwara Court Sentences Pakistani National in 2016 Case

Asif Iqbal

Kupwara: Nearly nine years after his arrest in the upper reaches of Sogam, a Pakistani national was on Wednesday sentenced by the Principal District and Sessions Court in Kupwara on multiple charges, including attempt to commit murder, possession of arms, and illegal entry into Indian territory.

Hanzullah Yaseen Raie, alias Abu Ukasa and a resident of Bhawalpora in Pakistan’s Punjab province, has been in uninterrupted judicial custody since June 20, 2016. He was brought before Principal Sessions Judge Manjeet Singh Manhas for the hearing on sentence in the long-pending case.

In its assessment, the court, as per news agency GNS, placed weight on several significant aspects, including the voluntary confession made by Raie and the circumstances in which he was intercepted. While noting that the patrolling personnel did not suffer injuries during the incident, the court held that the combination of the attempt made, the possession of prohibited arms and the act of entering Indian territory without authorisation kept the offences firmly within the realm of serious criminal conduct.

Against this backdrop, the court sentenced Raie to 10 years of rigorous imprisonment and a fine of ₹10,000 under Section 307 of the Ranbir Penal Code, with a three-month simple imprisonment term in case the fine is not paid. For the offence under the Arms Act (Section 7/25), he was handed another 10 years of rigorous imprisonment along with a fine of ₹5,000, carrying one month’s simple imprisonment in default. Under the Foreigners Act (Section 14), the court imposed five years of rigorous imprisonment and a fine of ₹5,000, with a one-month simple imprisonment term if the fine is not deposited.

Maintaining that since all three offences arose from as a single composite transaction, the sentences the Court ordered were to run concurrently rather than consecutively. The court also extended to Raie the benefit of Section 428 of the Code of Criminal Procedure, meaning the period he has already spent in custody, more than nine years, will be set off against the total sentence.

With the sentencing complete, the authorities, the Court said, proceed as mandated under the Foreigners Act, which includes steps for repatriation to Pakistan upon completion of the substantive sentence and subject to applicable remission. (GNS)