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Pak national gets 6-year RI for opening fire at search party

The trial of Zafar-ul-Haq, who hailed from Haripur Frontier Province in Pakistan, was transferred to Delhi from a court of Poonch on an order of the Supreme Court on November 10, 2008.

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A Delhi court today sentenced a Pakistani national to six years rigorous imprisonment for opening fire at the police and Army personnel in an encounter during search operation in Jammu and Kashmir in 2004.

Zafar-ul-Haq, in his early 30s, was also imposed with a fine of Rs3,000 by Additional Sessions Judge Brijesh Sethi after being held guilty of attempt to murder under the Ranbir Penal Code (RPC) in vogue in Jammu and Kashmir and other offences under the Arms Act.

The trial of Haq, who hailed from Haripur Frontier Province in Pakistan, was transferred to Delhi from a court of Poonch on an order of the Supreme Court on November 10, 2008.

"It stands proved that on January one, 2004, the accused, along with his companion Shaukat Ali, had opened fire upon army and police officials and during the exchange of firing, Ali had expired and the accused had received injuries and from his possession 60 live cartridges and four magazines were recovered," the court said.

During the arguments on the quantum of sentence, amicus curiae Dinesh Sharma sought a lenient view against the convict on the ground that no injury was caused to any Army or police personnel during the firing. He also said the convict had aged mother to look after as his father died during the trial.

Special Public Prosecutor Bharat Bhushan Sharma, on the other hand, sought maximum punishment for the convict saying he had entered the country without any authority and opened fire at police and Army personnel.

The prosecution examined 17 witnesses to prove its charges against the convict who was apprehended on January one, 2004 in Mendhar in Poonch.

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