KANPUR: A local court on Monday sentenced Uttar Pradesh’s MSME minister Rakesh Sachan to one-year imprisonment in a 31-year-old Arms Act case. The minister, however, was immediately released on bail.
Sachan, who also holds the portfolios of khadi and village industries, sericulture industries, handloom and textile, however, will not lose his assembly membership as disqualification from the house takes place only after a sentence of two years or more, say legal experts.
After being convicted in this 1991 case on Saturday, Sachan allegedly “disappeared” from the courtroom along with the order. He later denied the allegation and surrendered before the court of additional chief metropolitan magistrate-III at 2pm on Monday.
Thereafter, presiding officer Alok Yadav sentenced the minister to one-year simple imprisonment along with a fine of Rs 1,500. The court kept him under judicial custody for more than an hour. Thereafter, the minister was released on bail after furnishing two sureties of Rs 20,000 each and a personal bond of the like amount. The court allowed him to appeal before a superior court.
Sachan was an accused in a criminal case under Arms Act lodged on August 13, 1991. The Naubasta police of Kanpur had seized a .315 bore rifle and eight cartridges from his possession which he was carrying without licence. He was charged under section 25/30 of the Arms Act.
Since powers of the MP/MLA court have been delegated to ACMM (IIIrd )court, the case was transferred to this court at the argument stage.
The court had fixed August 6, 2022 for delivering the judgement in the case. The court on that day held him guilty and convicted him. But before the verdict could be delivered, the minister’s lawyer allegedly picked up the copy of the order and both left the court. In the evening, the court sent a report to the Kotwali police station to register an FIR against the minister in the matter.
Sachan, however, denied the charge of leaving the courtroom clandestinely. Talking to reporters on Saturday evening, he admitted that he had gone to the court for some work, but claimed that his case “wasn’t listed for the final verdict”.
The presiding judge in his order dated August 6, 2022, held Sachan guilty under section 25 of the Arms Act. However, he was acquitted of charges under sections 20 and 30 of Arms Act and was on bail. As he was on bail, his bail was cancelled and he should be taken into judicial custody and presented for hearing to determine the sentence, the court had said on Saturday.
On Monday, the judicial officer in his order stated, “The prosecution had pleaded to punish him with a maximum sentence as his act was anti-social and so that the rule of law could be maintained. The defence battery pleaded for minimum sentence with pleading that he had always appeared during the trial and had not misused the court order. Therefore, a lenient view should be taken.”
The judicial officer further observed that the matter was around 30-year-old and on his file there was no paper holding him guilty. Hence, the accused should be punished with a minimum sentence. He is being awarded one-year simple imprisonment and a fine of Rs 1,500. “If he fails to pay the fine, then his jail term would be increased by a month,” the judicial officer added.
Thereafter, he disposed of Rakesh Sachan’s application under Section 389 of CrPC to release him on bail for filing an appeal against the order.
Sachan had joined BJP after leaving Congress before the assembly polls earlier this year. He started his political career with Samajwadi Party in early 90s. In 1993 and 2002, he was elected an MLA from the Ghatampur assembly seat before winning parliamentary elections in 2009 from the Fatehpur Lok Sabha seat. He later joined Congress before finally shifting to BJP. He won from Bhognipur in Kanpur Dehat in 2022 state polls before joining the ministry.
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