FARID AHMAD Vs. STATE OF JAMMU & KASHMIR

JUDGEMENT

(1.) This appeal by the convict-Farid Ahmed filed under Sec. 34 of the Prevention of Terrorism Act, 2002 ["POTA"] is directed against the judgment dtd. 19/7/2010 and order dtd. 20/7/2010 passed by the Designated Court for Jammu Province under POTA, whereby the appellant herein has been convicted for commission of offence punishable under Sec. 3(4) of the POTA and sentenced to undergo imprisonment for three years with fine of Rs.1000.00 and in default of making the payment of fine, for further imprisonment of six months.

(2.) Before we advert to the grounds of challenge urged by the learned counsel appearing for the appellant, we deem it appropriate to set out material facts relevant to the disposal of this appeal.

(3.) The prosecution case, in brief, as set up against the appellant, is that the appellant while he was serving in the police as Constable in District Udhampur remained absent from duty w.e.f. 29/9/2001 till 11/11/2001. The appellant joined back his duties on 15/11/2001. The police seized some photographs of militants from the possession of the appellant. On questioning, the appellant divulged that the film/negatives were given to him by the militants for developing into photographs. During investigation, it also came to be established that the appellant was harbouring the militants of Mahore area to spread militancy. The investigation was concluded following a confessional statement made by the appellant before the Senior Superintendent of Police, Poonch. The appellant was found to have committed offence punishable under Sec. 3(4) of POTA and was challaned before the trial Court. The appellant was charged for offence under Sec. 3(4) of the POTA. The charge was read over to the appellant, the appellant denied his guilt and claimed trial.