9911796707
TMI Blog2015 (1) TMI 166X X X X Extracts X X X X X X X X Extracts X X X X ..... tenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 5000/- and in default of payment of fine to undergo further rigorous imprisonment for a period of three months. Prosecution story, in brief, is that on receiving the information from the Company Commander of the Border Security Force (hereinafter referred to as the B.S.F) that some foot prints were noticed coming from the side of Pakitan, Police party was sent to the stated place and met the aforesaid Company Commander. Accused Roop Singh was found roaming nearby in suspicious circumstances. He was taken to a place from where four jackets were recovered from beneath the earth. Villagers were also called and they witnessed the entire occurrence. All ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . PC and the one made by Piara Singh on 5.10.1990 as Ex. PD. On appraisal of recharge evidence led by the complainant, the Court of Chief Judicial Magistrate, Amritsar found a prima facie case punishable under Section 135 of the Act and they were charged thereunder. Accused pleaded not guilty and claimed trial. Statements of the accused were recorded under Section 313 Cr.P.C.All the incriminating material appearing against them was put to them. They pleaded their innocence and false implication. In defence, the accused examined one Baj Singh of Village Dal as DW-1 who testified that a B.S.F party had called the accused to the Border Post on 20.6.1990 and he was made to sign on certain blank papers though no recovery was effected from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Counsel for the petitioner, at the outset, does not challenge the order of conviction on merits and restricts his prayer to the quantum of sentence. In support of his contentions, counsel for the petitioner has placed reliance on the judgment of Hon'ble the Supreme Court titled, Rohit Kumar Mehra vs Asstt.Collector, Customs, Ministry of Revenue, Amritsar, 1994 SCC (Criminal) 154 where the appellant, a young boy of 19 was convicted and sentenced to suffer rigorous imprisonment for a period of one year and three months and a fine of Rs. 1500 on the first count and on the second count he has been directed to suffer rigorous imprisonment for one years and to pay a fine of L 1500. It was held that more than a decade has passed since the da ..... X X X X Extracts X X X X X X X X Extracts X X X X
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