Law: Punjab Arms Ordinance (XX of 1965)

Section: 13,14A

Law: Criminal Procedure Code (V of 1898)

Section: 342

Punjab Arms Ordinance (XX of 1965)--- ----Ss. 13 & 14-A----Criminal Procedure Code (V of 1898), S. 342---Unlicensed possession of arms---Appreciation of evidence---Prosecution witnesses had not only made contradictory statements, but they had also failed to corroborate each other on any material aspect of the case---Prosecution witness/scribe of the complaint had not deposed about preparation of the complaint by him, leaving that a matter of speculation---Contents of the FIR could be proved only by the Investigating Officer, and his avoidance in that regard had reduced the efficacy of the FIR---Time of preparation of the complaint had been written in separate ink and hand, as regard rest of the contents thereof---Preparation of the complaint had remained unsubstantiated---FIR, therefore, had not been proved---Recovery of .12-bore gun and the three live cartridges allegedly recovered at the instance of the accused had not been established---Prosecution witnesses had described different time at which the accused had allegedly made disclosure of the weapon at the police station---Prosecution witnesses had failed to mention registration number of the official vehicle whereby they had moved from the police station to the place of recovery---Oral account as to the place of recovery was contradictory to the site plan available on the record---Prosecution witnesses had admitted that many people from the vicinity had gathered at the spot at the time of the recovery, but no one had been associated with the recovery proceedings---Prosecution witness/constable had deposed that his statement had been recorded by the Investigating Officer at the police station, and the same had been signed there; said witness must have known that his signatures were not required on his statement under S. 161, Cr.P.C., hence, his signature must have been obtained on the memo of recovery at the police station---Accused, while deposing under S. 342, Cr.P.C., had contended that false case had been fabricated against him at the police station---Investigating Officer had not stated that he had inquired about the license of the recovered arm from the accused, nor had the same been stated by the…

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