Law: Criminal Procedure Code (V of 1898)

Section: 410

Law: Arms Ordinance (XX of 1965)

Section: 13-A

Law: Explosives Act, 1884

Section: 5,6

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 410--Explosive Act, (IV of 1884), Ss. 5 & 6--Arms Ordinance, (XX of 1965), S. 13-A--Criminal appeal--Conviction and sentence--Challenge to--During interrogation the appellant made disclosure and got recovered two hand-grenades wrapped in a shopper while leading the police to his Dera after digging earth nearby the door--Complainant defused the said hand-grenades while taking out their pins--Recovery memo. shows that the recovered hand-grenades were neither sealed into parcels nor the same were sent to the ballistic expert for obtaining expert opinion to ascertain that the same were in working condition and such lapse on the part of investigating agency is fatal to the prosecution case--Complainant deposed that he made the hand-grenades ineffective by taking out their pins and the same were taken into possession vide recovery memo.--He admitted during cross-examination that no expert of bomb disposal was included in the raiding party at the time of recovery proceedings--He further admitted that he defused hand-grenades after taking out their pins--Complainant is neither expert nor had received any training for defusing the hand-grenades--There are four steps to use hand-grenade i.e. take position, grab the hand-grenade, pull the pin and then throw the same on the target with an overhand position--Had the complainant removed pin from the hand-grenades, these would have exploded rather defused--Complainant neither produced/exhibited Roznamcha Entry in order to prove that he along with the raiding party proceeded to the place of recovery and such lapse of prosecution makes the entire episode doubtful--Moreover, non-associating Bomb Disposal Expert at the time of recovery casts serious doubt in the story narrated by the prosecution and even if slightest doubt arises, benefit of same must go to the accused and his conviction on the same evidence cannot be sustained--Prosecution has miserably failed to prove its case against the appellant beyond reasonable doubt. Explosive Act, 1884 (IV of 1884)-- ----Ss. 5 & 6--Conviction and sentence u/S. 5 & 6 of the Explosives Act, 1884 is concerned, the prosecution…

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