DARBARA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard Shri Dhankhar, counsel for the petitioner and Shri Lokesh Sharma, Public Prosecutor for the State.

(2.) The Chief Judicial Magistrate, Bharatpur has held that the petitioner guilty for the offence under Section 3/25 of the Arms Act and sentenced him to rigorous imprisonment for one year. The reasons given for the sentence were that 5 guns, 2 kattas and 8 cartridges were found in the possession of the petitioner and the same were unlicensed. Section 360(1) of the Code of Criminal Procedure, 1973, inter alia, provides that when any person not under twenty-one years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less, and when no previous conviction is proved against the offender, if it appears to the Court before which he is convicted, regard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period not exceeding three years as the Court may direct and in the meantime to keep peace and be of good behaviour.

(3.) In the instant case, the Chief Judicial Magistrate did not make any inquiry and did not take into consideration the age, character or antecedents of the offender.