Law:

Section:

Pakistan Arms Ordinance (XX of 1965)--- ----S.13(d)---Possessing unlicensed arms---Appreciation of evidence---Trial Court failed to go through the depositions, which included Examination-in-Chief/cross-examination of both witnesses---Neither evidentiary value of their testimony was discussed, nor material contradictions in their evidence were considered---Defence plea taken by accused in his statement under S.342, Cr.P.C. had also not been discussed, considered or appreciated by the Trial Court---Trial Court had erred to evaluate the price of Kalashnikov rifle, which was round about Rs.1,20,000 to Rs.1,50,000, without showing his personal source of information; and to observe that it was not possible for Investigating Officer to purchase two Kalashnikov for foisting upon two persons---Observation of the Trial Court was based on supposition, surmises and conjectures, and was a result of misreading and non-reading of the evidence, available on record---Judgment of Trial Court was contrary to law, facts of the case, and against the principles of criminal justice, which could not be sustained---Alleged incident was witnessed by number of private persons of the locality, and even on receipt of advance information about presence of accused, Police did not call any respectable person to act as a mashir or witness of the incident---Entry in Roznamcha, had also not been produced to prove the movement of Police from the Police Station to the place of recovery of weapon---Ballistic Expert had also not been examined by the prosecution---From the list of 23 prosecution witnesses mentioned in the charge sheet, prosecution had examined only two witnesses---Star witness of the prosecution, who was Investigating Officer, was inimical to accused due to his involvement in the murder case of brother of accused, his evidence, could not be treated inspiring confidence and trustworthy---Conviction of accused, merely on the statements of two Police Officials, was not in accord with the safe administration of justice---Justice should be dispensed with according to the law, and ought not to be administered according to the whims, caprice, or subjective standard of a Judge, in the…

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