Law:

Section:

(a) Pakistan Arms Ordinance (XX of 1965)--- ----S. 13-B---Criminal Procedure Code (V of 1898), S.103---Possession of unlicensed arms---Appreciation of evidence---Benefit of doubt---Accused was arrested in the case registered under S. 302(c), P.P.C.---Accused during investigation of said case, made disclosure and in consequence of said disclosure, on his pointation, unlicensed Kalashnikov along with empty magazine was recovered from the room of residential house---Separate FIR for possessing unlicensed arms was registered against the accused---Accused objected that place of recovery was situated in a populated area but no member of public was associated to witness the recovery---Validity---Admittedly, no member of public was associated to join the said recovery in the present case, which was violation of S. 103, Cr.P.C.---Statement of the Investigating Officer showed that no efforts were made to join any member of the public to witness the recovery---Recovery of Kalashnikov, which was not effected from the actual possession of accused without joining disinterested persons in spite of availability, was highly doubtful and no reliance could be placed thereon---Circumstances established that prosecution failed to prove the case against accused beyond any reasonable doubt---Accused was acquitted by setting aside conviction and sentence recorded by the Trial Court. (b) Criminal Procedure Code (V of 1898)--- ----S. 103---Recovery---Requirement of S. 103, Cr.P.C.---Two members of the public of the locality should be mashirs to the recovery, as the same was mandatory, unless it was shown by the prosecution that in the circumstances of a particular case, it was not possible to join two mashirs from the public---If the statement of police officer had indicated that no effort was made by him to secure two mashirs from public, the recoveries would be doubtful. State through Advocate General, Sindh v. Bashir and others PLD 1997 SC 408 rel. THIS JUDGMENT DELIVERED BY: ZAHEER-UD-DIN KAKAR, JUSTICE:---.--- This criminal appeal is directed against the judgment dated 24.5.2016 ("the impugned judgment"), passed by the Sessions Judge, Jaffarabad at Dera Allah Yar ("the trial…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492