The court of additional district and sessions judge SK Sachdeva has suspended the sentence awarded to Punjab DSP Raka Ghira in an Arms Act case after a criminal appeal was filed in this regard. has issued notice to CBI to appear in this matter on March 27.
The court of civil judge (junior division) Hridejit Singh on February 18 had convicted Raka Ghira, 53, under various sections of the Arms Act and sentenced her to an year in jail. A fine of ‘2,000 was imposed on the convict.
Grounds for appeal
In the criminal appeal, defence counsel SPS Bhullar said that he prosecution’s side had not been able to establish the facts as Raka Ghira had a valid licence during the time of raid and recovery which hadn’t been taken into account while framing charges against her. In the grounds for appeal, it has also been mentioned that the prosecution had failed to establish the place from where the recovery had been made.
Furthermore, it was pointed out that the magistrate failed to take note of the fact that the applicant wasn’t present in the house when the recovery was made.
It was also stated that the house in Sector 15, Chandigarh was owned by applicant as well as her two sons- Rangat Ghira and Rajat Ghira- and hence it was not possible to conclude that it was only the DSP who had been in possession of the said ammunition.
The arms and ammunitions had never been sent to the Forensic Laboratory and that the witnesses produced in the magistrate’s court were not able to establish if the cartridges were live. A recent amendment to the provision of the Arms Act had also been cited in the application.
An application under Section 389 of CrPC praying for suspension of sentence imposed on Ghira was also moved on Wednesday.
The Chandigarh Police had booked Gira under the Arms Act in July 2011 after a huge cache of arms and ammunition was recovered from her residence during a CBI raid. A .32 bore German revolver and a double barrel gun were found in her residence apart from multiple cartridges, including 831 of .12 bore, 114 of .38 bore, 114 of SLR and two cartridges of sniper live. She was released on bail furnishing bail bond worth ’10, 000, on the same day.