SAMEER NAZIR Vs. STATE

JUDGEMENT

(1.) This is an application under Section 13 of the Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, 2013 filed on behalf of the convict, Sameer Nazir alias Ashiq Hussain son of Nazir Ahmad Ahangar resident of Khurhama, Ganderbal, presently lodged in Central Jail, Srinagar, seeking bail. The applicant/convict was charged for the commission of the offence punishable under sections 376 RPC in a case arising from FIR No. 54 of 2004 registered at Police Station, Khirbhawani, Ganderbal. The learned Principal Sessions Judge, Ganderbal, vide judgment dated 14.05.2013 found the convict guilty of the offence and, accordingly, convicted him. Vide order dated 03.06.2013, the learned trial court has sentenced the convict to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 50,000. The aforesaid conviction and sentence recorded by the learned trial court has been challenged in Criminal Appeal No. 13/2013.

(2.) Record of the appeal reveals that alongwith the appeal, an application, being IA (Cr.) No. 208/2013, was filed on behalf of the convict praying for suspension of the substantive sentence. Looking at the gravity of the offence for which the applicant had been convicted and its larger impact on the society, the said application has been dismissed by Court order dated 09.07.2013.

(3.) It may be mentioned here that during the course of trial, the convict has remained in jail for 207 days with effect from 24.09.2004 to 19.04.2005 and from the date the sentence was awarded on 03.06.2013, the convict continues to be in jail serving the sentence. Till now he has been in jail for almost 286 days. Thus, the convict has served a total jail term of 493 days pre and post conviction.