Final Order 1

Order Details: Order Below EX 1
Pdf Text: ORDER BELOW EXH.1
1. Perused record. Accused filed pursis and pleaded guilty to the
offence. The consequences pertaining to possible punishment made him
understand. Despite that he is ready to plead guilty and as such his plea is
voluntary.
2. Heard Ld. A.P.P. and accused on the point of sentence. Ld. A.P.P.
submitted and prayed for severe punishment. Against it, Ld. Advocate for
the accused made submissions that the accused not deliberately
committed the act. He is poor and there are dependents on him. Offence is
not much serious. He is in financial constraints and in view of these facts
and circumstances, if substantive sentence awarded, accused will suffer
irreparable loss.
3. There appears substance in the submissions of Ld. Advocate for the
accused pertaining to the claim of leniency. Accused is poor and
committed said act under some heat of passion or for something, which is
not deliberate. At the same time it should not be forgot that there is
minimum sentence provided for offence punishable under Section 4
r/w.25(1-B)(b) of Arms Act, which shall not be less than one year. There
is proviso annexed to this Section, which lays down that for adequate and
special reasons, a punishment less than minimum punishment can be
awarded. The weapon found is knife, to be used in day to day life for
household work. As mentioned above accused is poor and not committed
said act deliberately.
4. If all these aspects and submissions of Ld. A.P.P. collectively
considered, I am of the opinion that rather than awarding substantive
minimum sentence, leniency needs to be shown, and as such following
sentence will serve the cause of justice. Therefore, following order -
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ORDER
a. The accused is convicted under Section 252 of the Code of
Criminal Procedure for offences punishable under Section 4 r/w.25 of
Arms Act and Section 37(1)(A) r/w.135 of Maharashtra Police Act.
b. The accused is sentenced to suffer simple imprisonment till rising
of the court for offences punishable under Section 4 r/w.25 of Arms Act.
c. The accused is sentenced to pay the fine of Rs.100/- (Rupees One
Hundred Only) for the offence punishable under Section 37(1)(A) r/w.135
of Maharashtra Police Act. In default accused shall suffer simple
imprisonment for a period of two days for said amount.
d. Copy of this order shall be given free of costs to the accused.
MUMBAI (KOMALSING RAJPUT)
DATE – 12.12.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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