Law:

Section:

Pakistan Arms Ordinance (XX of 1965)--- ----S. 13(d)---Possessing unlicensed arms---Appreciation of evidence---Both complainant and prosecution witness, had fully supported the recovery of weapon from accused; their statements were consistent and reliable, and there was no reason to discard their testimony---Counsel for accused remained unable to show any background of bitterness or ill will between accused and the Police, so as to prompt the Police to falsely involve accused in the case---Police Officials were as good witnesses as any other citizens, unless any mala fide was established against them---Deposition of such witnesses could not be brushed aside simply on the bald allegation that they belong to the Police Department---Generally, persons of locality hesitate to become witness in such like cases---Mere fact that no independent and disinterested witness from public had been associated with the proceedings, by itself, could not be considered sufficient to render the recovery of arm doubtful---In absence of any illegality or infirmity in the impugned order, conviction and sentence recorded by court below, were maintained. ORDER ABDUL RASOOL MEMON, J.---Applicant Rahoo alias Bhoro has filed instant Cr. Revision challenging the legality and propriety of the order dated 13-4-2009 delivered by learned Sessions Judge Ghotki whereby conviction and sentence awarded to the applicant under section 13(d) A.O. to suffer two years' R.I. by Civil Judge and Judicial Magistrate Daharki vide his judgment dated 14-3-2009 was maintained with modification in period of sentence which reduced from two years to one year. However, applicant was extended benefit of section 382-B, Cr.P.C. by both the lower courts. Briefly narrated the facts of the case, are that on 14-9-2008 at 1630 hours complainant ASI Ashiqe Ali Kalwar alongwith his other staff members, while patrolling reached at Raharki bypass saw a person standing there, who on seeing police tried to escape but was apprehended. On asking, he disclosed his name as Rahu alias Bhoro son of Thangoo. From his personal search an unlicensed pistol of 30 bore loaded with (3) live bullets was recovered, the same was taken into…

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