Law:

Section:

Pakistan Arms Ordinance (XX of 1965)--------- ----------Ss. 13, 11, 10, 9, 8, 5 & 4----------Penal Code (XLV of 1860), S. 417---------Prohibition of going armed without licence; unlicensed possession of arms etc.; unlicensed sale and repair prohibited, cheating---------Appreciation of evidence---------Recovery of arms and ammunition, proof of---------Case property, non-production of---------Effect---------Benefit of doubt---------Perpetual warrant issued for absconded accused---------Accused were alleged to have been arrested while transporting twelve .30 bore pistols and a pen pistol---------Trial court, convicted accused and sentenced them to undergo six months' imprisonment---------Prosecution was under a duty to prove alleged recovery through cogent and confidence inspiring evidence beyond shadow of reasonable doubt, particularly, by producing and exhibiting the arms and ammunitions allegedly recovered from possession of the accused before Trial Court---------Prosecution had neither produced/exhibited the arms nor the veil, which the accused was allegedly wearing at time of his arrest, before Trial Court---------Mere allegations of recovery would not be sufficient to prove the guilt of the accused---------Non-production and exhibition of the case property had totally shattered the entire edifice of the prosecution case, benefit of which was to be extended to the accused---------High Court, setting aside conviction acquitted the accused; whereas, present appeal was kept pending, and perpetual warrant of arrest were issued, regarding the other accused, who had absconded during pendency of present appeal---------Appeal was allowed in circumstances. THIS JUDGMENT DELIVERED BY: ASSADULLAH KHAN CHAMKANI, JUSTICE:--------- This appeal is directed against the judgment dated 24.09.2014, passed by learned Trial Court/Additional Sessions Judge-IV, Kohat, whereby appellants (1) Muhammad Khan and (2) Shah Nawaz, have been convicted under section 13 Arms Ordinance, 1965 and sentenced to undergo 03 years' S.I. each. They have been further convicted under section 417, P.P.C. and sentenced to undergo 06 months' S.I. each. However, co-accused Wali Khan and Waqar Abbas,…

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