Law: Pakistan Arms Ordinance (XX of 1965)

Section: 13

Pakistan Arms Ordinance (XX of 1965)--- ----S. 13---Keeping unlicensed weapon---Appreciation of evidence---Benefit of doubt---Alleged recovery of weapon had been effected from a premises, which was neither owned nor resided by accused---Sole witness stated that recovered article (weapon) was brought in his presence and handed over to the Police by the owner of the house as against the statement of Police Officer who effected the recovery---Such material contradiction made the case of recovery highly doubtful---Benefit of doubt should go to accused---Impugned order was set aside and accused was acquitted from charge under S.13 of Pakistan Arms Ordinance, 1965, in circumstances. ORDER WAZIR SHAKEEL AHMED, J.---Through this appeal accused/appellant has assailed the order/judgment of Additional District Judge Gilgit dated 6-6-2014 wherein the accused/appellant was found guilty of keeping unlicensed Five Shot Rifle and was sentenced to fine of Rs.50,000 in default of which the appellant shall further undergo for the period of one year simple Imprisonment (S.I.) Brief facts of the case are that the accused/appellant was facing trial under section 302, P.P.C. and 13, A.O. vide F.I.R. No.27/13 of Police Station Pari Banglah and was acquitted from the charge of murder but was convicted under section 13, A.O. vide order dated 6-6-2014 as mentioned above. It is an admitted state of affair the…

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