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一 |     AI摘要      文某、林某某冒充客服为电诈团伙引流，分别涉案9万、7万余元。    New Delhi, Oct 17 (UNI) Senior lawyer, Dushyant Dave, appearing for the victims in the Lakhimpur Kheri case, told the Supreme Court on Monday there are clear indications that the act was "premeditated", and pleaded that the main accused, Union Minister Ajay Mishra's son Ashish Mishra should not be granted bail in the case.

"There are clear indications that the act was premeditated. The Trial courts in the State of Uttar Pradesh had found it was premeditated. Five people were killed. He be permitted to bring the trial court judgement on record," Dave told the Supreme Court's two-judge bench, headed by Justice B R Gavai.

Mukul Rohatgi, former Attorney General (AG) and senior criminal lawyer appearing for Ashish Mishra, opposed the contentions of Dave and said it was not premeditated. "The killing was not at at all premeditated. It is incorrect," Rohatgi argued before the Supreme Court.

The State of Uttar Pradesh Monday sought more time to file its response in the case, for which, the Supreme Court granted two weeks time and posted the matter for further hearing to November 7.

The prime accused, Ashish Mishra, had moved the Supreme Court in the Lakhimpur Kheri violence case and sought bail in it.

The apex court had already issued notice to the Uttar Pradesh government and sought its reply after hearing the bail plea filed by Ashish Mishra, accused in Lakhimpur Kheri farmers' mowing down by vehicle incident.

Mishra was denied bail by the Allahabad high court on July 26, after which he knocked the doors of the Supreme Court in August last week, seeking relief and bail.

There is no possibility of hampering and tempering with the prosecution witnesses. 98 witnesses and their family members have been provided gunners including the barricading of police at their residence under the CCTV camera," Mishra, in his appeal filed before the Supreme Court said.

Mishra was arrested on October last year, and the charge sheet filed in the case claimed the killing to be "pre planned".

The prosecution said Mishra came in a SUV along with a convoy of three-four cars on October 3, last year, and allegedly mowed down protesting farmers against the now repealed farm laws, gathered to protest against it.

UNI XC SY。

二 | 闽侯法院以诈骗罪判处二人有期徒刑并处罚金，责令退赔。文某因自首获从轻处罚。         文某、林某某明知上游电信诈骗团伙实施诈骗犯罪，仍按照指使，冒充正规平台客服拨打引流电话。二人按照话术，以“订单免单、退款理赔、航班改签”为诱饵，诱骗受害人下载指定App、添加上游诈骗人员账号，为后续诈骗创造条件，以此按单抽取佣金。截至案发，两人拨打诈骗电话数千次，林某某引流诈骗金额7万余元，文某引流诈骗金额9万余元，其中包含多起机票退改签类诈骗受害人。事后，文某主动到公安机关投案并如实供述罪行。

三 | 闽侯县法院审理后依法判决林某某犯诈骗罪，判处有期徒刑一年八个月，并处罚金人民币八千元；文某犯诈骗罪，判处有期徒刑一年四个月，并处罚金人民币六千元；责令二人按各自罪责退赔被害人相应经济损失。

四 |     案例点睛     《中华人民共和国刑法》第二百六十六条规定，诈骗公私财物，数额较大的，处3年以下有期徒刑、拘役或者管制，并处或者单处罚金；数额巨大或者有其他严重情节的，处3年以上10年以下有期徒刑，并处罚金；数额特别巨大或者有其他特别严重情节的，处10年以上有期徒刑或者无期徒刑，并处罚金或者没收财产。本法另有规定的，依照规定。    《中华人民共和国刑法》第二十五条规定，共同犯罪是指2人以上共同故意犯罪。2人以上共同过失犯罪，不以共同犯罪论处；应当负刑事责任的，按照他们所犯的罪分别处罚。    《中华人民共和国刑法》第六十七条第一款规定，犯罪以后自动投案，如实供述自己的罪行的，是自首。对于自首的犯罪分子，可以从轻或者减轻处罚。其中，犯罪较轻的，可以免除处罚。

五 | （记者 宋亦敏）。

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Published on:17:35:17