AMRINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed by Amrinder Singh S/o Tara Singh, who is being tried for the offence under sections 4 and 5 of the Anti Hijacking Act, 1982 (hereinafter to be referred to as 'the Act') in case No. ASC/Ajmer/1/1985 pending before the Addl. Special Court (Judicial Zone Chandigarh) at Central Jail, Ajmer established under section 7 (2) of the Terrorist Affected Areas (Special Courts) Act, 1984.

(2.) SECTIONS 4 and 5 of the aforesaid Act read as under :- "Section-4 Punishment for Hijacking- Whoever commits the offence of hijacking shall be punished with imprisonment for life and shall also be liable to fine. Section-5 Punishment for acts of violence connected with hijacking-Whoever, being a person committing the offence of hijacking of an aircraft, commits, in connection with such offence, any act of violence against any passenger or member of the crew of such aircraft, shall be punished with the same punishment with which he would have been punishable under any law for the time being in force in India if such act had been committed in India."

(3.) CLAUSE (2) of Section 235 Cr.P.C. was newly added and it did not exist in the old Code of 1898. This provision is according to the new trend in penology and envisages that after a Court holds a person guilty, it must consider the question of sentencing in the light of various factors such as the prior criminal record of the offender, his age, employment, educational background, home life, sobriety and social adjustment, emotional and mental condition, and the prospects of his returning to normal path of conformity with the law. This, however, did not apply to the trials provided under the Act.