Law: Sindh Arms Act, 2013

Section: 23A(i)

Law: Pakistan Penal Code, 1860

Section: 324,353,427

Law: Criminal Procedure Code (V of 1898)

Section: 342,382B

Sindh Arms Act (V of 2013)--- ----S.23-A(i)---Possessing unlicensed arms---Appreciation of evidence---Benefit of doubt---Empty pistols were recovered from the accused persons, for which they failed to produce licence ---Prosecution had examined three witnesses including complainant---Contradictions existing on the point of patrolling of police party raised serious doubt in the prosecution case---Witnesses (police officials) had deposed that they did not make any effort to call for independent witnesses though the place of incident was located in a populated area and the otaq surrounded by houses---Complainant had deposed in his examination-in-chief that he did not remember the name of SHO who followed the accused that escaped on foot---Such statement was hostile to the prosecution case and raised further doubt as to the statement of the complainant as a whole---Contradictions in depositions of witnesses existed about the time of occurrence; in completion of formalities and about the time of reaching back to the police station---Such circumstances raised doubts in the prosecution case, benefit of which would resolve in favour of accused---Petition was allowed and accused were acquitted. Muhammad Ilyas v. The State 1997 SCMR 25; Hashim Qasim and another v. The Slate 2017 SCMR 986 and Muhammad Mansha v. The State 2018 SCMR 772 rel. THIS JUDGMENT DELIVERED BY: KHALID HUSSAIN TUNIO, J.--- Through this order, I intend to dispose of the above captioned revision application filed against the judgment dated 13.04.2015 passed by the Learned Sessions Judge, Kamber Shandadkot whereby he sent the case to the trial court for re-trial and set aside the judgment dated 30.10.2014 whereby trial court convicted the appellant under Section 23(i)(a) of Sindh Arms Act, and sentenced him to suffer R.I. for three years and fine amount of Rs. 2,000/-, and in case of default thereof to suffer further S.I. for one month. However, benefit of Section 382-B, Cr.P.C. was extended to him. 2. Facts in nutshell of the present case are that complainant SIP Karim Bux left PS along with subordinate staff at 1900 hours for patrolling, and when they reached at Nasirabad Naka, they received spy…

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