the indian arms act
venkataraman
(Querist) 28 July 2010
This query is : Resolved
In a given case the Court has found an accused guilty for an offence under section 27 (34 ) of the Indian Arms Act, and the punishment prescribed for the same is only death: But can the Court on a consideration that the case is not a rarest of the rarest case award a lesser punishment?. I am not going into the niceties of the case and I amn only restricting my query to the above.
Guest
(Expert) 28 July 2010
IN CASE COURT HAS ALREADY FOUND ACCUSED GUILTY OF OFFENCE BUT PUNISHMENT AND JUDGEMENT IS NOT YET PASSED,THEN YOU MAY INSTRUCT THE ACCUSED TO PRAY TO THE COURT AS HIS ENTIRE FAMILY DEPENDS ON HIM FOR FOOD FINANCE AND SAFTY AND ALL WILL BE FACING HARDSHIPS,HENCE LINIENT VIEW MAY KINDLY BE TAKEN IN THE INTEREST OF JUSTICE.
AND THE ADVOCATE OF THE ACCUSED CAN ALSO ARGUE ON SAME POINTS AND PRAY FOR MINIMUM POSSIBLE PUNISHMENT IN THE INTEREST OF JUSTICE.
STILL IN CASE JUDGEMENT IS PASSED ,YOU MAY APPEAL TO THE HIGH COURT AND GET THE SAID JUDGEMENT STAYED AND SET ASIDE.
GOOD LUCK.
