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2024 Supreme(Online)(MP) 3447

HIGH COURT OF MADHYA PRADESH
Rakesh @ Pappu – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Shyam Patidar,A.G.

ORDER

This appeal has been filed by the appellant under Section 374 of Cr.P.C. being aggrieved by the judgment dated 27.02.2013 passed by the learned Special Judge, District Dhar in S.S.T.No.56/2010. By the impugned judgment, the trial Court has convicted the appellant/accused for the offence under Section 25(1)(1-B) A of the Arms Act and sentenced to undergo 1 year R.I. with fine of Rs.5000/- and in default of payment of fine to further undergo 3 months additional R.I.

2. Being aggrieved by the impugned judgment, the appellant filed this appeal on the ground that the trial Court failed to see that there is no evidence on record to prove that accused was guilty. There are material contradictions and omissions in the statement of the prosecution witnesses. The Investigating Officer was unable to prove that seized Katta was sealed on his part and put in proper way in Malkhana. The independent witness turned hostile and did not support the prosecution case. On these grounds, prays for setting aside the impugned judgment and acquittal of the appellant.

3. The trial Court framed charges against the appellant, which was denied by the appellant. The trial Court after recording the

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