Law: Penal Code (XLV of 1860)

Section: 353,324,34

Law: Explosive Substances Act, 1908

Section: 3,4

Law: Anti Terrorism Act, 1997

Section: 7

(a) Penal Code (XLV of 1860)--- ----Ss. 353, 324 34---Explosive Substances Act (VI of 1908), Ss. 3 4---Anti-Terrorism Act (XXVII of 1997), S.7---Act of terrorism, causing explosion likely to endanger life or property, attempt to cause explosion or making or keeping explosive with intent to endanger life or property, assault or criminal force to deter public servant from discharge of his duty, attempt to commit qatl-i-amd and common intention---Appreciation of evidence---Sentence, reduction in---Scope---Accused was convicted for having been found in possession of pistol and rifle grenade---Accused sought reduction of his sentence to the one already undergone by him and the State extended its no objection regarding reduction of sentence---High Court observed circumstances such as the offences wherein the accused was convicted falling within the category of offences ˜may extend upto; that the accused claimed himself to be the sole bread earner and that the accused was of young age, which justified reduction in sentence---Sentence of accused was reduced. Suneil v. The State 2018 PCr.LJ 959 ref. (b) Criminal trial--- ----Sentence quantum of---Scope---Quantum of punishment is an independent aspect of criminal administration of justice which, too, requires to be done keeping the concept of punishment in view---Reference to lodgment of other case(s) in determining questions of guilt/ innocence or even punishment are of no significance. ORDER Appellant Fahim Ali has challenged impugned judgment dated 26.01.2018 passed in Special Case No.470(vii), 2015 arising out of FIR No.281/2013, under sections 353, 324, 34, P.P.C. read with sections 3/4 Explosive Substances Act read with section 7 ATA Police Station Soldier Bazar, the appellant was convicted for offence under section 7(b) ATA and sentenced him to suffer R.I. for ten years and to pay fine of Rs.5000/-in case of default to suffer S.I. for two months more and also under section 7(n) of ATA and sentenced him to suffer R.I. or five years and to pay fine of Rs.10,000/- and in case of default to suffer S.I. for two months more. 2. Precisely, relevant facts are that complainant received spy information that accused persons…

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