RAHEESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was tried for an offence under Section 25 of the Arms Act as he was found in possession of one country -made pistol of 12 bore when he was apprehended by a police party on 24.5.2005 at about 6.20 a.m. Vide judgment and order dated 7.1.2012, learned Judicial Magistrate 1st Class, Faridabad convicted the petitioner for the aforementioned offence and sentenced him to undergo rigorous imprisonment for one year. Aggrieved of his conviction and sentence, the petitioner filed an appeal but remained unsuccessful as the same was dismissed by the learned Additional Sessions Judge, Faridabad on 17.7.2013. Still not satisfied, the petitioner filed the present revision under Section 401 Cr.P.C. which came up for hearing of 1.8.2013 when notice was issued to the State regarding quantum of sentence only. Learned counsel for the petitioner submits that the petitioner is facing the agony of criminal prosecution for the last eight years. He is not a previous convict. He is the sole bread winner of his family consisting of his wife, small children and aged mother and is now in custody since 17.7.2013 when his appeal was dismissed by the lower appellate Court. It is also submitted that the petitioner remained in custody as an under -trial for a period of about two weeks. Therefore, the sentence of imprisonment of the petitioner may be reduced to that already undergone by him.

(2.) PER contra, learned State counsel has submitted that the petitioner does not deserve any leniency in the matter of sentence as he was found in possession of a pistol for which he did not possess any licence. However, she has produced the custody certificate, as per which the petitioner has undergone an actual period of 2 months and 6 days. It has also been stated therein that the petitioner is not involved in any other criminal case.

(3.) RESULTANTLY , while maintaining the conviction of the petitioner under Section 25 of the Arms Act, his sentence of imprisonment for one year is reduced to rigorous imprisonment for six months. The revision is, accordingly, disposed of.