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Showing contexts for: prohibited arms in State vs 1. Dinesh (A-1) on 15 July, 2020Matching Fragments
19. Now coming to the offences committed by the accused persons, accused Dinesh (A-1) was found in possession of sharp edge knife and as per khaka of the knife Ex.PW-4/D it had a sharp edged blade of 20.9 cms, out of total length of 32.4 cms and the handle was about 11.5 cms. The width of the blade was not measured. As per Notification by Delhi Government No. F.13/203/78-Home(G) dated 17.02.1979, possession of a sharp edged object with a blade of 7.12 cms length and 1.72 cms of blade is prohibited for being defined as an 'Arm' within the meaning of Section 2 (c) of the Arms Act, 1959. Further, there is no iota of doubt that the country made pistols/katas recovered from accused persons were 'firearms' within the ambit of Section 2(1) (e) of the Arms Act. Section 5 prohibits possession of arm and firearm without any license and Section 7 of the Arms Act prohibits use of arm and firearm which are punishable under Section 25 and 27of the Arms Act ,which provides as under:-
"25. Punishment for certain offences--
(1A)Whoever acquires, has in his possession or carries any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than five years, but which may extend to ten years and shall also be liable to fine.
27. Punishment for using arms, etc.--
(1) Whoever uses any arms or ammunition in contravention of section 5 shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine. (2) Whoever uses any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable to fine.
(3) Whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of section 7 and such use or act results in the death of any other person, shall be punishable with death."
20. With regard to the offence of robbery, the relevant provisions are defined as under:-
394. Voluntarily causing hurt in committing robbery.--If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with [imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.