Rajasthan High Court - Jodhpur
Saket Sharma vs State Of Rajasthan (2025:Rj-Jd:13293) on 10 March, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:13293]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 476/2025
Saket Sharma S/o Narendra Sharma, Aged About 28 Years,
Resident Of Gopalwas Police Station Badhada Tehsil Badhada
District Charkhi Dadri Haryana (Presently Lodged In Dist. Jail,
Churu)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Ratna Ram
For Respondent(s) : Mr. Kuldeep Singh Kumpawat, Asst. to
Mr. Deepak Choudhary, AAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
10/03/2025
Instant criminal appeal has been filed by the appellant
against the judgment dated 03.03.2025 passed by learned
Sessions Judge, Churu in Sessions Case No.124/2024 by which
the learned Judge convicted the appellant and sentenced him for
offence under Section 7/25 of Arms Act for a period of one year
rigorous imprisonment with the fine of Rs.5,000/- and in default of
payment of fine, he shall further undergo six months additional
simple imprisonment.
Brief facts of the case are that on 28.06.2024, Police received
an information upon which they went to Rohi Juharpura near the
railway under bridge, where a boy was present and after seeing the
Police, he tried to run away but the Police caught and inquired from
the accused-appellant and upon search, an MP-5 gun was recovered
from him without any licence. The police arrested the appellant and
registered a case against him for offence under Section 3/25 of Arms
Act and thereafter started investigation.
[2025:RJ-JD:13293] (2 of 3) [CRLAS-476/2025]
On completion of investigation, the police filed challan against
the accused-appellant for offence under Section 7/25 of Arms Act.
Thereafter, the trial court framed the charge against the accused-
appellant, who denied the charge and claimed trial.
During the course of trial, the prosecution examined 7
witnesses and also exhibited some documents. Thereafter, statement
of the accused-appellant was recorded under section 313 Cr.P.C.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 03.03.2025 convicted and sentenced
the appellant for the offences as aforesaid. Hence, this criminal
appeal.
At the threshold, counsel for the appellant does not challenge
the finding of conviction but it is submitted that the occurrence
relates back to year 2024 and the appellant has so far suffered a
sentence of more than eight months, out of total sentence of one
year's R.I. In such circumstances, it is prayed that the substantive
sentence awarded to the accused-appellant for the offence under
Section 7/25 of Arms Act may be reduced to the period already
undergone by him.
On the other hand, the learned Asst. to Addl. Advocate General
opposed the submissions made by the learned counsel for the
accused-appellant. It is further submitted that there is neither any
occasion to interfere with the sentence awarded to the accused
appellant nor any compassion or sympathy is called for in the said
case.
I have perused the evidence of the prosecution as well as
defence and the judgment passed by the court below regarding
conviction of the accused-appellant.
[2025:RJ-JD:13293] (3 of 3) [CRLAS-476/2025]
Since the appellant is merely 28 years old young boy and it is
his first offence and as per the documents available on record, no
other criminal antecedent lodged against him. It is not disputed that
the occurrence has taken place in the year 2024 and the accused-
appellant has so far undergone a period of more than eight months
incarceration, out of total sentence of one year's R.I., and so also
suffered the mental agony and trauma of protracted trial. Thus,
looking to the over-all circumstances and the fact that the accused-
appellant has remained behind the bars for considerable time, it will
be just and proper if the sentence awarded by the trial court for
offence under Section 7/25 of Arms Act is reduced to the period
already undergone by him.
Accordingly, the criminal appeal is partly allowed. While
maintaining the appellant's conviction and sentence for offence under
Section 7/25 of Arms Act, the sentence awarded to him for aforesaid
offence is hereby reduced to the period already undergone. The
default sentence of six months' additional imprisonment is also
reduced to one month. The amount of fine is hereby maintained. The
appellant is in jail. On deposition of fine amount, the appellant be
released forthwith, if not required in any other case and if he failed
to deposit the fine amount, as directed by the trial Court, then he
shall further undergo reduced default sentence for a period of one
month.
Application for suspension of sentence is also decided.
(MANOJ KUMAR GARG),J
151-Ishan/-
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