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Can Yasin Malik go in appeal: Yes, but not against his conviction

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Malik is most likely to appeal against the order. But the question is will his appeal be entertained. The law states that Malik can appeal against his sentence, but not against the conviction.

    Yasin Malik sentenced for life by NIA court in terror funding case| Oneindia News

    New Delhi, May 26: Kashmiri separatist, Yasin Malik was sentenced to life imprisonment in a terror funding case that was painstakingly investigated by the National Investigation Agency (NIA).

    He had on May 10 pleaded guilty, following which he was sentenced to life imprisonment under the Unlawful Activities Prevention Act (UAPA) and sections 120-B and 124-A of the Indian Penal Code (IPC).

    Can Yasin Malik go in appeal: Yes, but not against his conviction

    Malik is most likely to appeal against the order. But the question is will his appeal be entertained. The law states that Malik can appeal against his sentence, but not against the conviction.

    Malik had pleaded guilty and this means he accepted his crimes. This rules out the possibility of him appealing against his conviction. Section 375 of the Code of Criminal Procedure (CRPC) does not allow an appeal in cases where the accused has pleaded guilty.

    No Appeal in certain cases when accused pleads guilty. Notwithstanding anything contained in section 374, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal, Section 375 of the CRPC reads.

    However Malik can appeal against his sentence questioning the legality of the same. Section 405 of the CRPC says, High Courts' order to be certified to lower Court. When a case is revised under this Chapter by the High Court or a Sessions Judge, it or he shall, in the manner provided by section 388, certify its decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and the Court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified; and, if necessary, the record shall be amended in accordance therewith.

    In the current case, the maximum sentence that the court could have awarded Malik was death. The sentence could have been awarded under Section 121 of the IPC for waging war against the state. The court however did not feel that the case fell under the bracket of the rarest or rare cases. Due to the manner of the commission of the crimes and the sort of weaponry used, these would fail the test of the rarest of rare cases, the Special NIA court had said.

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