Law:

Section:

(a) Sindh Arms Act (V of 2013)--- ----S. 23-(i)(a)---Recovery of unlicensed weapon---Appreciation of evidence---Benefit of doubt---Prosecution case was that an unlicensed .32-bore revolver loaded with three live bullets was recovered from the possession of the accused---Prosecution produced three witnesses in order to prove the charge against the accused---Record showed that examination-in-chief of a prosecution witness was recorded without providing opportunity of cross-examination to the defence---Documentray evidence brought on record transpired that .32-bore revolver with three live bullets were recovered from inside wearing pent of the accused---Said documentary evidence had not been supported by prosecution witnesses---Complainant had stated that .12-bore revolver was recovered from the possession of accused---Recovery witness had stated that .30-bore pistol was secured from the left side of "naifa" of the accused---In the Report of Ballistic Expert, it was mentioned that revolver rubbed number of .32-bore---Record showed that discrepancies, illegalities and material contradictions were found in the statements of witnesses which created reasonable doubt in the prosecution case, benefit of which would resolve in favour of accused---Accused was acquitted in circumstances by setting aside convictions and sentences awarded by the Trial Court. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 132 & 133---Cross-examination---Object---Cross examination was the great legal engine invented to unearth the truth from the statement of a witness---Opportunity to cross-examination contemplated by the law, must be real, fair and reasonable---Cross-examination was not the empty formality, but a valuable right and best method for ascertaining the truth. (c) Criminal trial--- ----Benefit of doubt---Scope---Single circumstance creating reasonable doubt would be sufficient for the acquittal of the accused. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD FAROOQ SHAH, JUSTICE:---.--- The captioned Cr. A. is directed against the judgment dated 15.06.2017, passed by the learned IXth Additional Sessions Judge, Karachi-East, in Session Case No. 458 of 2015 (FIR No. 463/2014, under…

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