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PRAVEER BHATNAGAR
Satish @ Karua – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Praveer Bhatnagar, J.
The present criminal revision petition under Section 397 read with Section 401 Cr.P.C. is directed against the judgment dated 20.10.2023 passed by the learned Additional Sessions Judge (Women Atrocity Cases), Bharatpur in Criminal Appeal No.15/2020 (CIS No.68/2020), dismissing the appeal preferred against the judgment dated 03.02.2020 passed by the learned Additional Judicial Magistrate No.4, Bharatpur in Criminal Case No.205/2017 (CIS No.2266/2017), whereby, he was convicted for the offences under Section 3/25 of the Arms Act and sentenced to undergo three years' simple imprisonment alongwith a fine of Rs. 5000/- and in default of payment of which, he was further ordered to undergo 6 months' simple imprisonment.
2. Brief facts of the case are that complainant Asharam, S.I., Police Station Chiksana submitted a report at the Police Station Chiksana. On the aforesaid report, an FIR No.233/2017 was registered and after usual investigation, challan under Section 3/25 of the Arms Act was filed against the present petitioner.
3. The Learned Magistrate framed charges against the petitioner for the above offences and upon denial of guilt by him, commenced the tria
The court affirmed the conviction but modified the sentence to the time already served, emphasizing the right to a speedy trial and the hardships faced by the petitioner.
The court can reduce a sentence based on the time already served and the circumstances surrounding the case, even when upholding a conviction.
The court may reduce the minimum sentence under the Arms Act for adequate reasons, considering the offender's age and rehabilitation potential.
The court can reduce sentences for offenses under the Arms Act when a prolonged trial has occurred and the accused have already served part of their sentence.
The court emphasized the importance of considering the duration of custody when granting bail, alongside the evaluation of evidence and procedural fairness in criminal convictions.
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