Law: Sindh Arms Act, 2013

Section: 25

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Sindh Arms Act (V of 2013)--- ----S. 25---Using a firearm with the purpose to commit any crime---Reappraisal of evidence---Weapon recovered on alleged pointation of accused---Benefit of doubt---Accused while in police custody allegedly made a disclosure and got recovered a weapon kept in bushes of a 'guava farm'---Trial Court convicted the accused under S. 25 of the Sindh Arms Act, 2013 and sentenced him to suffer ten years' rigorous imprisonment with a fine---Admittedly, the place of recovery i.e. farm was accessible to everyone and was not in possession of the accused---Owner of the said farm was not associated with the investigation---According to the police witness, many persons of the village were present near the farm but he did not cite any such private person as witness in the case---Mushirnama of recovery and the FIR clearly indicated that it was a 'guava farm' from where the weapon was recovered whereas both the witnesses while making statement in court claimed that the weapon was recovered from a garden of "olives"---Weapon was never exhibited in the court---No expert opinion qua the weapon was available on file to prove that the said weapon was in working condition---In the absence of an expert report, the case of prosecution became doubtful---While extending the benefit of doubt to the accused the conviction and sentence awarded to him by the Trial Court and upheld by the High Court was set aside, and he was acquitted of the charge---Jail petition was converted into an appeal and allowed accordingly. THIS ORDER PASSED BY: SARDAR TARIQ MASOOD, J.--- Through this petition, petitioner Sajjan Solangi impugns the judgment dated 27.01.2017 passed by the High Court of Sindh, Circuit Court, Larkana whereby Criminal Appeal filed by him was dismissed and his conviction and sentence, awarded by the learned trial court, was maintained. 2. Precisely, the facts of the case are that the petitioner was indicted in case FIR No. 31 registered under section 25 of the Sindh Arms Act, 2013 on 24.09.2013 at Police Station Shah Panjoo Sultan, District Dadu. After a full-fledged trial, vide judgment dated 28.07.2015 learned trial court convicted the petitioner under…

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