Law: Sindh Arms Act, 2013

Section: 23,25

Law: Criminal Procedure Code (V of 1898)

Section: 103

(a) Sindh Arms Act (V of 2013)--- ----Ss. 23 25---Criminal Procedure Code (V of 1898), S. 103---Unlicensed possession of arms---Use and possession of firearms or imitation firearms, search to be made in presence of witnesses---Appreciation of evidence---Benefit of doubt---Delay in sending recovered weapon to forensic laboratory---Non-examination of medical officer---Contradictory evidence--- Scope---Prosecution case against accused was that he along with other fired at the police but he was arrested in injured condition with an unlicensed weapon---Held; none of the police officials sustained any injury---Complainant himself investigated the case instead of handing over the same to any other police official---Place of arrest was near a road but no person was stopped to witness the arrest and recovery---Complainant had prior spy information---Complainant did not examine the Medical Officer who had medically checked-up the injured accused---Evidence of prosecution witnesses was contradictory---Delay in sending the weapon for ballistic examination report adversely affected the prosecution case---Prosecution had not succeeded in discharging its obligation of proving its case---Appeal against conviction was accepted, in circumstances. Shahid Iqbal v. The State 2016 MLD 230; Rab Nawaz v. Sikandar Zulqarnain and 7 others 1998 SCMR 25; Yameen Kumhar v. The State PLD 1990 Kar. 275; Muhammad Khalid v. The State 1998 PCr.LJ 808; Moinuddin Waseem v. The State 2016 YLR 523; 2017 PCr.LJ 992; Hameer v. The State 2003 PCr.LJ 1452; 1987 PCr.LJ 1783; Abdul Khalique Shah v. The State SBLR 2019 Sindh 197; Mohammad Altaf v. The State 1996 PCr.LJ 440; Qaloo v. The State 1996 PCr.LJ 496 and Ghulam Hussain and 2 others v. State 1998 PCr.LJ 779 ref. State v. Bashir and others PLD 1997 SC 408; Umed Ali v. The State 2018 MLD 1311; Yameen Kumhar v. The State PLD 1990 Kar. 275; Samandar alias Qurban and others v. The State 2017 MLD 539 and Yaqoob Shah v. The State 1995 SCMR 1293 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 103---Search to be made in presence of witnesses---Scope---Officials making searches, recoveries and arrests, are reasonably required to associate private…

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