SANTOSH KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) The present appeal has been filed against the order of conviction under Section 25 (1B) of Arms Act in Sessions Case no.68/2002 arising out of FIR no.369/2001, Police Station Sultanpuri.

(2.) In the abovesaid FIR a challan had been filed against the appellantaccused for the offence under Section 307/452 IPC and Section 25/27/54/59 of the Arms Act. Vide order dated 27.05.2003 while the appellant-accused was acquitted for the offence under Section 307/452 IPC, his conviction was upheld for the offence under Section 25 of the Arms Act. Vide order dated 28.05.2003 the appellant-accused was sentenced to rigorous imprisonment for one year and to pay fine of Rs.1000/-, in default of payment of fine to undergo simple imprisonment for one month. The appellant-accused was released on bail vide order of this court dated 23.07.2003. As per record, he had already deposited the fine.

(3.) Although the order of conviction under Section 25 (1B) has been challenged by the appellant on various grounds, during the course of arguments he has voluntarily stated through his counsel that he did not wish to challenge his conviction under Section 25 (1B) Arms Act but confine his arguments on the point of sentence. It is submitted that he is not a previous convict and he is not involved in any other crime at any point of time except the present case and he was a young boy at the time of his conviction in the year 2003 and within this 11 years he is not involved in any way with the world of crime and, therefore, a lenient view be taken and a he be released on probation.