Law: Anti Terrorism Act, 1997

Section: 9,11-W(2)

Law: Criminal Procedure Code (V of 1898)

Section: 173,340(2),382B

(a) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 9 & 11-W(2)---Sectarian hate speech and propagating banned organizations---Appreciation of evidence---Sentences, reduction in---Special circumstances---Effect---Accused was convicted by Trial Court on sectarian hate speech, propagating banned organizations and was variously sentenced to imprisonment and fine---Validity---Detail of audio files, graphic files and multimedia files was provided in accompanying DVD-I, DVD-II and DVD-III by Punjab Forensic Science Laboratory---Investigating officer also received Verisys verification regarding ownership of SIM Card recovered from mobile phone, which was in name of accused---Prosecution witnesses gave each and every detail of prosecution case and were cross-examined at length---Nothing fruitful cropped up during cross-examination---Tenor of cross-examination also revealed that facts in issue were not challenged seriously---Trial Court rightly appreciated evidence and had rightly found accused guilty of charge levelled against him---Prosecution had successfully proved its case beyond shadow of doubt by producing relevant and admissible evidence---High Court maintained conviction of accused but taking into account mitigating circumstances reduced sentence of imprisonment to that of already undergone but quantum of fine was maintained---Appeal was dismissed accordingly. (b) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 9 & 11-W(2)---Sentence---Words 'may extend to' in Ss. 9 & 11, Anti-Terrorism Act, 1997---Connotation---By using words 'may extend to' in such provisions of law provides unspecific sentences and is indicative that courts have to appreciate circumstances indicative of reformation of a convict before deciding about quantum of sentence. (c) Criminal trial--- ----Sentence, quantum of---Philosophies of sentencing accused enumerated. There are the five philosophies of sentencing .The first one is retribution and the purpose is to emphasize taking revenge on a criminal, perpetrator or offenders. The next philosophy is incapacitation which means a way to reduce the chances of an offender committing another crime. Then is the deterrence in which a criminal…

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