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competition

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BANSOD TYPING INSTITUTE MAIN ROAD GULABRA CHHINDWARA M.P.

created Feb 1st 2023, 10:08 by Sawan Ivnati


1


Rating

349 words
34 completed
00:00
From the perusal of the charge sheet attached in the record of the trial court, it is clear that due to clerical error, the charge sheet has framed the charge of section 25 of the Arms Act, while the possession of the accused as is clear from the prosecution statement, The pistol and two live cartridges were recovered, which is a firearm ordnance. The implication is that the charge sheet should have been framed on the appellant under section 25A of the Arms Act. On this point no objection has been raised in the memorandum of appeal and at the same time while co-existing the prosecution witnesses, the defense is fully aware that he has been accused of confiscating firearms and has made reference to the same allegation. He has defended himself. Therefore, it would be appropriate to ignore the above technical or clerical error. Keeping in view the entire evidence presented in the case, the prosecution has been completely successful in framing the charge of the offense punishable under section 25A of the Arms Act, beyond a reasonable message. The findings of the Trial Court are just and statutory and there is no justification or need to interfere with them. The objections raised in the appeal memorandum are not acceptable. The defense does not get any benefit from the judicial illustrations presented by them. The Trial Magistrate has not committed any error by convicting the accused on the charge of this offence. The punishment imposed by the trial magistrate is also proportionate and not exorbitant. The accused has been sentenced to the minimum punishment. Punitive interference is unqualified. This criminal appeal deserves to be dismissed as being immaterial and meaningless. It is no doubt true that any section falling under Chapter 7 of the Code includes a terroristic activity or an international offense or an offense involving the offense of money transfer. The words have not been used but it is not sufficient to hold that these provisions can be invoked even if any other cognizable offense has been committed by an offender within the territory of India.

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