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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
ABDUL RAFIQUE AND ANR. – Appellant
Versus
STATE – Respondent
Order :
1. By way of filing the present revision petition, the petitioners-accused have challenged the judgment dated 24.08.2007 passed by the Sessions Judge, Bhilwara in criminal appeal no. 94/2007 whereby the judgment and order of conviction dated 30.04.2007 passed by the learned Judicial Magistrate- I No. 3, Bhilwara has been affirmed and the petitioners accused have been convicted for the offence under sections 3/25 of the Arms Act.
2. As per prosecution, the allegation against the present petitioners is that on 26.08.1991, the petitioners- accused and the co-accused Hafiz Mohammed were found in possession of articles used for the preparation/ construction of arms without any license to produce the same.
3. Learned counsel for the petitioners submitted that the incident in the present case occurred in the year 1991. Learned counsel further submitted that the petitioners possessed a license which was issued in the name of Rasool Khan and one Ajij Ahmed. Learned counsel submitted that though on the date of occurrence, Rasool Khan had died, yet Ajij Ahmed was very much alive and there is nothing on record to establish that the present petitioners were preparing the weapons of their o
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 may reduce the minimum sentence under the Arms Act for adequate reasons, considering the offender's age and rehabilitation potential.
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 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 recovery of firearms from the petitioner's shop and the consistent evidence of official witnesses were crucial in upholding the conviction. Additionally, the court's consideration of the time ela....
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