Can contest sentence, not conviction: Legal experts
NEW DELHI: JKLF chief Yasin Malik can appeal against the sentence of life imprisonment imposed on him but not his conviction, legal experts said after his sentencing on Wednesday.
Malik was handed out a life term for his role in the offence of terror funding and secessionist activities that disturbed the Kashmir Valley in 2017.
On May 10, he pleaded guilty under sections 16 (terrorist act), 17 (raising funds for the terrorist act), 18 (conspiracy to commit terrorist act), and 20 (being member of terrorist gang or organisation) of the Unlawful Activities Prevention Act (UAPA) and sections 120-B (criminal conspiracy), 121 (raging war against the state) and 124-A (sedition) of
NIA registers suo motu (on its own) case against separatist leader and chief of banned JKLF Yasin Malik in J&K terror funding case
NIA files charge sheet against over a dozen people
Authorities arrest Malik; NIA files supplementary charge sheet against him
NIA court convicts him on May 19; sentences him to life imprisonment on May 25
Abduction of Rubaiya Sayeed, daughter of then home minister Mufti Md Sayeed in 1989
Indian Penal Code (IPC).
Pleading guilty refers to an accused accepting his crime and subsequently, also the punishment with certain stipulations. In this procedure, while framing of charges, the accused is given an option by the judge to either plead guilty or claim trial. If the accused claims trial, the case proceeds normally. In case the accused pleads guilty, the next step is the conviction.
Senior advocate Vikas Pahwa said that in terms of section 375 of the CRPC, no appeal lies in cases where accused pleads guilty of the offences and has been convicted.
Senior advocate AS Chandhiok said the provision of plea bargaining is aimed to reduce the case load in courts and hence, the provision of challenging the sentence is available.
Killing of four IAF men in 1990