ANTAR SINGH. Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant/accused has filed the present revision u/s. 102 of Juvenile Justice (Care and Protection of Children) Act , 2015 (hereinafter referred to as "the JJ Act" for short) against the judgment dated 9,.12.2019 passed by learned 1 st Addl. Sessions Judge, Khargone, and judgment dated 12.7.2019 passed by Magistrate, Juvenile Justice Board, Khargone whereby he has been convicted u/s. 25(1B)(a) and 25(1)(a) of the Arms Act and sent to a special home for a period of one year.

(2.) As per prosecution story, Sub Inspector - Ms. Sadhna Pure of Bhikangaon Police Station received information on the telephone that two persons, out of which one is 'Sardar' with a red colour bag and another person with while colour plastic bag carrying pistols in it illegally are standing with the planning to go somewhere else. After recording the said intimation in 'Rojnamcha', Ms. Sadhna Pure along with police force reached near 'Shani Mandir' and found two persons standing there. After seeing the police vehicle, they tried to run away, but they were caught. They disclosed their name as Bada S/o. Raghunath and Antarsingh - the present applicant. After search, 8 pistols were found in the red bag hold by the present applicant and 8 pistols were found in the plastic white bag hold by Bada S/o. Raghunath. The police prepared seizure 'Panchnama' as both have failed to produce any license or permission to carry such arms.,An FIR under section 25(1) of the Arms Act was registered against both of them. Since the present applicant was juvenile at the time of the commission of offence, therefore, he was produced before the Juvenile Justice Board. Learned Juvenile Justice Board framed the charges u/s. 25(1B)(a) and 25(1)(a) of the Arms Act and explained to him as he was found to be in conflict with law. He denied the charges and pleaded for trial.

(3.) In order to prove the charges, the prosecution examined 9 witnesses. After appreciating the evidence came on record and after hearing the applicant, learned Magistrate, Juvenile Justice Board vide judgment dated 12.7.2019 in exercise of powers conferred u/s. 18(1)(g) directed him to send to a special home for a period of one year for providing reformative services during the period of stay in a special home.