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ANUBHA RAWAT CHOUDHARY
Md. Aftab – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Anubha Rawat Choudhary, J.
Learned counsel for the parties are present.
2. This criminal revision is directed against the Judgment dated 25.01.2019 passed by the learned Additional Judicial Commissioner-VI, Ranchi in Criminal Appeal No.252 of 2018 whereby the learned appellate court has dismissed the appeal preferred by the petitioners and has confirmed the conviction of the petitioners under Sections 25(1-B)( a) /35 and 26/35 of the Arms Act passed by the learned S.D.J.M, Ranchi in G.R. No.2897 of 2009 arising out of Kotwali P.S. Case No.482/2009. However, the learned appellate court has reduced the sentences of the petitioners to Rigorous Imprisonment for 02 years with fine of Rs.2,000/- each for the offence under Section 25(1-B)( a) /35 of the Arms Act and in default of payment of fine, to undergo Simple Imprisonment for two months and Rigorous Imprisonment for one year with fine of Rs.2,000/- each for the offence under Section 26/35 of the Arms Act and in default of payment of fine, to undergo additional Simple Imprisonment for two months and both the sentences were directed run concurrently.
3. Learned counsel for the petitioners submitted that though there are concurre
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....
The prosecution must prove unlawful possession of firearms beyond reasonable doubt, and minor inconsistencies in witness testimonies do not undermine the case if the overall evidence is credible.
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....
Prosecution must provide substantive evidence, including technical expertise, to prove charges under the Arms Act; failure to do so results in acquittal.
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