Law:

Section:

Pakistan Arms Ordinance (XX of 1965)--- ----Ss. 3 & 13---Criminal Procedure Code (V of 1898), S.103---Recovery of weapon---Appreciation of evidence---Benefit of doubt---Forensic report, value of---Accused was convicted and sentenced for joint recovery of pistols recovered from an abandoned area--- Validity--- Without ascertaining nature of weapon, punish-ment could not be awarded under S.13 of West Pakistan Arms Ordinance, 1965---Ballistic Expert only could ascertain nature of weapon and its condition being functional or not---If weapon was not in working condition it could be presumed as a piece of metal---Ordinary police office did not come within the ambit of "Ballistic Expert"---No evidence was available on record as to who made first information leading to recovery of pistols---Alleged pistols were jointly recovered from a Jungle, therefore, evidence of recovery was not safe to be relied upon---Trial Court as well as Lower Appellate Court failed to consider evidence available on record and investigation was conducted dishonestly, which had rendered entire prosecution case doubtful---Single infirmity creating reasonable doubt to prudent mind regarding truth of charge was sufficient to extend benefit of doubt to accused---High Court set aside conviction and sentence awarded to accused and he was acquitted of the charge---Revision was allowed in circumstances. Rahim Bux v. State 2010 PCr.LJ 642; Rekatulla v. State PLD 1962 Dacca 261; Khalas Khan v. State 1975 PCr.LJ 172; Abdul Ghani v. State 1976 PCr.LJ 1462; Mohammad Afzal v. State 1983 SCMR 1 and Mushtaq Ahmed v. State PLD 1996 SC 57 ref. JUDGMENT RIAZAT ALI SAHAR, J.---The applicant/appellant Alam Sher son of Ahmed Khan has been involved in Crime No.26 of 1998 of Police Station Garho, District Thatta for offence punishable under section 13-E, Pakistan Arms Ordinance, 1965. The case was tried by learned II-Civil Judge and FCM, Thatta, whereby the applicant was convicted and sentenced for the period already undergone in custody i.e. from 10-12-1998 to 29-2-2000 vide judgment dated 23-11-2002. Consequently the applicant/appellant filed a Criminal Appeal before the learned Sessions Judge, Thatta, which was…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492