Trial for 21 yrs results in 28 days jail for two old men in Delhi - Instablogs
Trial for 21 yrs results in 28 days jail for two old men in Delhi
Pratyush , New Delhi: Jan 15 2007
Made Popular Jan 15 2007
India :

Trial for 21 yrs results in 28 days jail for two old men in Delhi

In a rare example of judicial process in India, a Delhi court has sentenced simple imprisonment of 28 days and the fine of Rs 25,000 each to the two old men.

They were found guilty of smuggling gold bars way back on August 24, 1985 at New Delhi Railway Station. The most surprising part of the story is that the trial of the case took more than 21 years for the trial of the case.

Additional Chief Metropolitan Magistrate Kamini Lau said that

the onus of proving the existence of adverse motive on the part of the prosecution was upon the accused.

They have not been able to discharge and the seizure of gold bars from them has been duly proved in accordance with law.

The court took the lenient view on the age of Gyan Prakash Gupta, 60 and Jyoti Prasad, 58. The court said that the ends of justice would be met if the accused were sentenced for a period of 28 days and a fine of Rs 25,000 each.

On the leniency plea, the court accepted that both of them had suffered the agony of trial and their regular presence in the court for more than 21 years.

The court also showed its discontent over the manner of questioning by the Customs officials. Earlier, the acuused had complained about the torture for writing self-incriminating statements. The Court later, refused to rely on the statements as evidence in the case.

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