Uphaar evidence tampering case: Court orders release of Ansal brothers, increases fines to Rs 3 crore each
Jul 20, 2022
New Delhi [India], July 20 : A Delhi Court on Tuesday sentenced the real estate barons Sushil and Gopal Ansal for the period already undergone by them in custody in the tampering of evidence case and ordered their release from jail.
The court increased the fine amount imposed on them. The Court has imposed a fine of Rs 3 crore on each of them in three sections related to conspiracy, criminal breach of trust and destruction of evidence.
Earlier, the lower court had imposed a fine of Rs 2.25 crore each on them.
District and Sessions Judge Dharmesh Sharma observed, "I am unable to persuade myself to sustain the impugned order on the sentence of November 8, 2021, passed by the learned trial court, and its terms of section 386 (b)(iii) of the Cr.P.C., retaining the imposition of fine awarded by the learned trial court except for diluting the same for the appellants Dinesh Chandra Sharma and PP Batra."
"At the cost of repetition, this Court understands that the Uphaar fire tragedy was one where several lives were lost and many were injured that must have caused a deep anguish, pain and perennial misery to the affected family members and it is to comprehend that family members would be able to forget such incident and forgive the offenders", the court observed in the order.
It was observed, "It strikes to human notions and understanding that the surviving family members who have now joined together by forming an association 'AVUT' do not want the culprits to go scot-free and enjoy many rights and liberties in the remainder of their lives but this whole criminal litigation cannot be converted by the prosecution into an inhuman and vindictive approach to the present appellants/convicts."
The Court sentenced Sushil and Gopal Ansal for the period already undergone and imposed a fine of Rs 1 crore under section 120B (conspiracy), one crore under section 409 (criminal breach of trust) and one crore under section 201 (destruction of evidence) of IPC.
The amount of fine is to be paid within seven days from today, failing which the same shall be recoverable as per arrears of land revenue under section 421 Cr. P. C.
The court sentenced the convict PP Batra for the period already undergone during custody. The court fined him Rs 10,000 for conspiracy, Rs 10,000 for criminal breach of trust and Rs 10,000 for the offence of destruction of evidence.
The court also sentenced Dinesh Chandra Sharma for the period already undergone during custody in jail.
The court fined him Rs 25,000 for the offence of conspiracy, Rs 25,000 for the offence of criminal breach of trust and lastly Rs 10,000 for the offence of destruction of evidence.
The amount of fine is to be paid within seven days, failing which the same shall be recoverable as per arrears of land revenue under section 421 Cr. P. C.
The fine so realized from the appellants be paid as compensation to the Association of Victims of Uphaar Tragedy after defraying the cost of litigation payable to the State.