Law:

Section:

(a) Arms Ordinance (XX of 1965)--- ----S. 13-D---Criminal Procedure Code (V of 1898), S. 249-A---Possession of unlicensed arms---Appreciation of evidence---Appeal against acquittal---Prosecution case was that 9-MM pistol with loaded magazine (without bullets) was recovered from the possession of accused---Accused at the time of arrest was also booked in a murder case registered under Ss. 302, 397 & 34, Penal Code, 1860---Accused during the trial, moved application under S.249-A, Cr.P.C.---Trial Court accepted the said application and acquitted the accused---Validity---Record showed that accused was acquitted on the sole ground that period of one year had lapsed after framing of charge but, none of the prosecution witnesses turned up to record evidence inspite of coercive method adopted by the Trial Court---Accused was languishing in jail without any progress in the trial---Case diaries of the case showed that on several date of hearings of the trial, jail authority did not produce accused for evidence---On almost five dates, the Presiding Officer was on leave, the case could not proceed---Accused facing trial without any progress was hardly a ground for acquittal without recording evidence---Prima-facie, the charge against accused was not groundless as he was caught red-handed with crime weapon---Trial Court had wrongly applied S.249-A, Cr.P.C., therefore, no sanctity could be attached to the impugned order---Trial Court had ignored the fact that accused was facing murder charge under S.302, Penal Code, 1860 in another case---Circumstances established that impugned order was perverse, arbitrary, which was not sustainable and suffered from factual and legal infirmity---Appeal against acquittal was allowed by setting aside the order passed by the Trial Court and case was remanded to Trial Court with the direction to conclude the case after recording evidence of the parties. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 342 & 340---Principle---Matter was to be disposed of on merits after recording of prosecution evidence, statement of accused under S.342, Cr.P.C. and under S.340(2), Cr.P.C., if so desired and hearing the arguments of both the parties.…

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