Law:

Section:

Pakistan Arms Ordinance (XX of 1965)--- ----S. 13(e)---Possessing unlicensed arms---Appreciation of evidence---Benefit of doubt---Weapon allegedly recovered from accused, was not sent to Forensic and Ballistic Expert for opinion, so as to determine the nature and caliber of the weapon; and whether the same was automatic, semi-automatic, or in working condition---Place of arrest of accused was said to be thickly populated and commercial area, but no effort was made by the Police to join any person from the public; or there was nothing on record showing that effort was made, and private persons had refused to join as Mashirs of recovery---Requirement of S.103, Cr.P.C. that two private persons of the locality should be associated as Mashirs to the recovery was mandatory, unless it was shown by the prosecution that it was not possible to have two Mashirs from the locality---Contradictions in the statements of prosecution witnesses with regard recovery of weapon, were enough to create doubt in the prosecution's case---Police Officials, no doubt, as citizen were as good witnesses in the court proceedings as any other person, yet some extra care was needed when they were only eye-witnesses in the case---In the present case, whole proceedings, right from the arrest of accused, the very investigation and submission of challan, were without any lawful authority---Course adopted by the prosecution was in clear violation of law, which being an illegality vitiated the trial---Discrepancies in the case, being not curable, accused was entitled to earn benefit of doubt, not as a matter of grace, but as a matter of right---Prosecution had failed to prove its case against accused---Kalashnikov allegedly recovered from accused, had neither been sealed at the spot nor sent to Ballistic Expert along with empties for examination and report---Prosecution case being highly doubtful, conviction and sentence passed by Trial Court against accused, were set aside, they were acquitted and released extending them benefit of doubt. Mushtaq Ahmad v. The State PLD 1996 SC 574 and The State v. Bashir PLD 1997 SC 408 ref. ORDER MUHAMMAD KAMRAN KHAN MULAKHAIL, J.---The appellant was tried in case…

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