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ANUBHA RAWAT CHOUDHARY
Banti Khan, Son of Nasir Khan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard the learned counsels for the parties.
2. This revision is directed against the judgment dated 18.04.2019 passed by learned Additional Sessions Judge-VIII, Dhanbad in Criminal Appeal No. 19 of 2018, whereby the appeal filed by the petitioners has been dismissed.
3. The petitioners have been convicted vide judgment and order of sentence dated 16.01.2018 passed in Dhanbad P.S. Case No. 1067 of 2015 corresponding to GR No. 5510 of 2015 registered under Sections 25(1B) (a)/26 of the Arms Act. The petitioners have been sentenced to undergo rigorous imprisonment for 30 months with fine of Rs.5000/- each with default clause for offence punishable under Section 25(1B) (a) of Arms Act and rigorous imprisonment for 30 months with fine of Rs.5000/- each with default clause under Section 26 of Arms Act and both the sentences have been directed to run concurrently.
Arguments on behalf of the petitioners
4. The learned amicus Mrs. Prerna Jhunjhunwala submitted that the impugned judgments are perverse and call for interference by this Court. She submitted that the seizure of the arms from the possession of the petitioners have not been proved beyond all reasonable doubts, and there is
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 failure to properly seal and document seized items raises reasonable doubt, leading to the acquittal of the accused.
Conviction under the Arms Act requires independent corroboration of evidence, especially from police witnesses; the prosecution must prove guilt beyond a reasonable doubt.
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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