A Delhi court recently comprising of a bench of Additional Sessions Judge Amitabh Rawat showed leniency towards a man who pleaded guilty for harbouring Shahrukh Pathan, who had absconded after allegedly pointing a gun at a policeman during the northeast Delhi riots last year, and sentenced him to a period already undergone by him in the jail. (State v. Kaleem Ahmed)
The bench said convict Kaleem Ahmed showed remorse, prayed for leniency and pleaded having been misled by Pathan.
Facts of the Case
The present case pertains to the offence of rioting, defiance of the order under Section 144 Cr.P.C, and attempt of murder of Head Constable Deepak Dahiya by firing on him.
The convict Kaleem Ahmed was convicted for the offence under Section 216 IPC and maximum imprisonment of three years can be given. He has prayed for maximum sentence of three years imprisonment. He further argued that convict Kaleem Ahmed has already been in custody for
more than one and a half years. He has filed an affidavit as per directions of Hon’ble Full Bench of Hon’ble High Court of Delhi passed in Karan Vs. State NCT of Delhi.
It was argued that though the said judgment is not applicable as there is no victim in the present case qua convict and his offence, yet he has filed an affidavit disclosing expenses incurred by the prosecution in the present entire case involving accused persons namely Shahrukh Pathan @ Khan, Kaleem Ahmad (convict), Ishtiyak Malik @ Guddu, Shamim and Abdul Shehzad.
Contention of the Parties
The Counsel for convict Kaleem Ahmed had submitted that the convict is a poor person of 29 years of age. He has 09 dependents i.e. 05 younger sisters and 02 brothers and his both parents. His father is suffering from paralysis and he is the only earning member in the family. He is a motor mechanic by profession. He has been in custody for more than one and a half years. Convict had submitted that he was misled by accused Shahrukh Pathan. It was prayed that a lenient view may be taken in awarding sentence to the convict.
Courts Observation & Judgment
The bench at the very outset taking note of the submissions of the Parties remarked, “The status of the family of the convict, father of convict suffering from paralysis and there being 09 other dependents in the family, is not disputed as such by the prosecution. Convict is stated to be the only one in the family providing financial subsistence to the family.
The Court, indubitably, regards the action/conduct of the convict Kaleem Ahmed as reprehensible and indictable. The investigation and evidence collected by Crime Branch, Delhi Police, so far as convict is concerned, is praise worthy. That might have led to a voluntary plea of guilt by convict. Still the Court is conscious of the fact that convict has voluntarily pleaded guilty at the time of framing of charges.”
The bench noted that the convict Kaleem Ahmed has shown remorse in the Court and prayed for leniency and pleaded having been misled by accused Shahrukh Pathan. He has suffered imprisonment in the present matter from 17.03.2020 till 07.09.2021 while maximum sentence that can be awarded is three years.
The court convicting him noted, “Considering family status of convict, his whole individual position, the factum of his voluntary plea of guilt and the fact that his apparent act of contrition deserves to be taken at face value to give another chance to him to reform himself and considering his role and the offence, the convict is sentenced to the period already undergone by him and also to a fine of Rs. 2,000/, in default of payment of fine, simple imprisonment of one month. Benefit of Section 428 Cr.P.C be given to the convict Kaleem Ahmed.”
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