A sessions court has upheld the conviction of a 37-year-old man who was sentenced to two years of imprisonment by a city magistrate court in 2015 for the illegal possession of a country-made pistol and a live cartridge in Kalbadevi in 2004. The man had appealed against the conviction, but the sessions court refused to intervene.
Accused's claim of false implication dismissed
The police had received confidential information that the accused, Bhagawan Prajapati, and his accomplice were planning a robbery and would be carrying weapons in Kalbadevi. Acting on this tip-off, the police set a trap and apprehended Prajapati with the country-made pistol and a live cartridge. His accomplice, who remains at large, was found in possession of a chopper.
During the appeal, the accused claimed that he had been falsely implicated and had been in police custody since a day before the alleged weapon seizure. To support his claim, he presented a witness in court who testified that both he and Prajapati had been arrested on April 21, 2004, while playing cards, with Prajapati standing nearby observing the game. However, the court pointed out that the incident mentioned by the witness occurred a day before the seizure date, undermining the accused's claim.
Court deems assessment of evidence satisfactory, calls sentence just
In the judgment, Additional Sessions Judge KP Shrikhande stated that the trial court had thoroughly assessed and organised the evidence. The judge deemed the sentence to be just and proper.
Forensic expert confirms functionality of seized gun
Furthermore, the sessions court considered the testimony of a forensic expert presented by the crime branch during the trial before the magistrate. The expert confirmed that the gun seized from Prajapati was in working condition, and the cartridge was determined to be live.
Despite the accused's assertions and the presentation of a witness, the sessions court upheld the original conviction, citing the trial court's diligent assessment of evidence.