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A. M. BADAR
Manoj Yadav – Appellant
Versus
State of Bihar – Respondent
A. M. Badar, J. – By this appeal, appellant/convicted accused, Manoj Yadav is challenging the Judgment and order dated 10.01.2017 and 11.01.2017 passed by the learned Ist Additional Sessions Judge, Munger in Sessions Case No. 642 of 2013 arising out of Muffassil P.S. Case No. 153 of 2013, thereby convicting him of the offences punishable under Sections 25(1)(a), 25(1-B) and 26(2) of the Arms Act, 1959. For the offence punishable under Section 25(1)(a) of the Arms Act, the appellant is sentenced to suffer rigorous imprisonment for six years apart from imposition of fine of Rs.5000/- and default sentence of simple imprisonment for six months. For the offence punishable under Section 28(1-B) of the Arms Act, the appellant is sentenced to suffer rigorous imprisonment for two years apart from imposition of fine of Rs.1000/- and default sentence of simple imprisonment for one month. For the offence punishable under Section 26(2) of the Arms Act, the appellant is sentenced to suffer rigorous imprisonment for six years apart from imposition of fine of Rs.5000/- and default sentence of simple imprisonment for six months. Substantive sentences are directed to run concurrently by the learned
Prosecution must provide substantive evidence, including technical expertise, to prove charges under the Arms Act; failure to do so results in acquittal.
The main legal point established in the judgment is the requirement for sufficient and admissible evidence to prove charges beyond reasonable doubt, especially in cases involving possession of arms a....
Conviction under the Arms Act was overturned due to critical evidentiary failures including improper handling of seized items and lack of ballistic expert testimony.
The court established that the absence of independent witnesses and inconsistencies in witness testimonies can undermine the prosecution's case, particularly in criminal proceedings under the Arms Ac....
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