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J&KLadakh High Court Closes 46-Year-Old Case, Treats Sentence as Served

Justice Sanjay Parihar invoked the right to a speedy trial on appeal to grant final relief under a reformative sentencing philosophy.

Overview

  • The court ordered the sentence treated as already undergone with a ₹5,000 fine, carrying a default term of three months' simple imprisonment.
  • The case stems from a 1979 incident in Uri; after a decades-long trial, Shameema Begum was convicted in 2009 under Sections 304-II and 324 IPC.
  • The appeal, filed in 2009 and focused solely on sentence reduction, remained pending for about sixteen years before final disposal.
  • The judgment reiterates that Article 21’s guarantee of a speedy trial extends to appellate proceedings and requires a balancing of circumstances.
  • Mitigating factors included the absence of premeditation, the appellant’s age and infirmities, prolonged litigation, and the State’s failure to pursue an appeal.