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2018 Supreme(SC) 994

R.BANUMATHI, INDIRA BANERJEE
Samir Ahmed Rafiqahmed Ansari – Appellant
Versus
State of Gujarat – Respondent


JUDGMENT :

R. Banumathi, J.

1. These appeals arise out of the conviction of the appellant-accused under Section 25(1AA) of the Arms Act, 1959 and the High Court enhancing the sentence of imprisonment from two years to seven years.

2. The case of the prosecution is that on 18.10.2002 at about 8.00 p.m. when the police personnel were on patrolling duty the appellant-accused and others were found to be travelling in scooter carrying country made pistol loaded with live cartridges and were in possession of two other live cartridges. After completion of the investigation, charge sheet was filed against the accused and two others under Section 399 read with 120B IPC and under Section 25(1AA) of Arms Act.

3. The Trial Court acquitted the appellant-accused of the offences under Indian Penal Code; but convicted him under Section 25(1AA) of the Arms Act and sentenced him to undergo R.I. for two years. The Trial Court acquitted the accused nos. 2 and 3 from all the charges.

4. Being aggrieved, the appellant-accused preferred the appeal before the High Court and the State has also preferred the appeal for enhancement of the sentence. The High Court dismissed the appeal preferred by the appellant-ac






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