ADMINISTRATION OF TRIPURA Vs. SAMAN GOALA,

JUDGEMENT

(1.) THIS is an application by the State for enhancement of sentence in the case where the Magistrate punished the accused respondent to two months' simple imprisonment on conviction under Section 19 (f) of the Indian Arms Act for being found in possession of three un -licensed Guns.

(2.) THE reasons given by the Magistrate for this lenient sentence is that the accused pleaded guilty and prayed for mercy. Neither of these considerations will go in extenuation of the sentence. The maximum sentence under Section 19 (f) is 3 years imprisonment. Here the respondent was found in possession of three guns on search by a Magistrate. The respondent gave a confessional statement, but when he was tried he first pleaded not guilty and evidence was let in and then when examined under Section 342 , he pleaded guilty and asked for mercy. This was after he found the case proved against him and should not have been taken into account by the Magistrate for giving a lenient sentence. It is necessary that such offence should be discouraged by giving deterrent sentences. The revision is accepted and the sentence passed on the respondent is enhanced to one year's R. I. Revision allowed.