Law:

Section:

West Pakistan Arms Ordinance (XX of 1965)-------S. 13(d)---Appreciation of evidence---Prosecution had examined two witnesses, one Mashir and other Investigating Officer ---Mashir did not support case of prosecution and he disowned his signature on Mashirnama---Prosecution did not declare the Mashir hostile---Statement of Investigating Officer, who was complainant, had shown that accused led police and Mashirs to his house and produced an unlicensed gun in presence of Mashirs---Statement of accused was neither supported nor corroborated by Mashirs---Mashirs had falsified stand taken by Investigating Officer and prosecution had not examined co-Mashir---Case of prosecution being highly doubtful, accused was entitled to benefit of doubt---Conviction and sentence awarded to accused by Trial Court, were set aside and accused was acquitted of charge and was set at liberty. JUDGMENT RAHMAT HUSSAIN JAFFERI, J.--- The present appeal is directed against the judgment, dated 22-5-1991, passed by the leaned Sessions Judge, Badin, in Sessions Case No.121 of 1988 by which the learned Judge had convicted the appellant under section 13(d) of Pakistan Arms Ordinance, 1965(hereinafter would be referred to as the "Ordinance, 1965"), and sentenced him to suffer R.I. for one-year with a direction that the sentence should run (hereinafter would be referred to as the "Ordinance, 1965"), and sentenced him to suffer R.I. for one year with a direction that the sentence should run concurrently alongwith the sentence awarded to him in Sessions Case No.120 of 1988 under sections 302, 34, P.PC. 2. The facts giving rise to the present appeal are that on 31-7-1998 at 12-30 p.m. the appellant took the police and Mashirs to his house and produced an unlicensed single barrel gun from under the bed lying in a room of the said house. The Investigating Officer prepared such Mashirnama. The appellant and the property were brought to the police station where the F.I.R. was lodged. After usual investigation, the appellant was challaned in the Court of law where he was tried and convicted, as mentioned above, under the impugned judgment. The appellant was dissatisfied with the said judgment: therefore,…

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