Law: Sindh Arms Act, 2013

Section: 23A(i)

Law: Criminal Procedure Code (V of 1898)

Section: 103,265-H(ii)

(a) Criminal trial--- ----Conviction---Heinousness of offence---Scope---Mere heinousness of offence was not sufficient to convict the accused for the accused continued with presumption of innocence until found otherwise at the end of the trial. (b) Criminal trial--- ----Burden of proof---Scope---Burden was always upon the prosecution to prove the case beyond shadow of doubt. (c) Sindh Arms Act (V of 2013)--- ----S.23-A(i)---Possessing unlicensed arms---Appreciation of evidence---Benefit of doubt---Prosecution case was that .30-bore pistol along with three live bullets was recovered from the accused to which he could not produce the license, hence the FIR---Record showed that it was the case of spy information, despite that fact complainant did not bother to associate with him any independent person of the locality from the place of information or place of incident---No valid reason or plausible explanation had been furnished by the prosecution for non-association of independent witnesses by the police when independent people were available at the place of recovery, which was a thickly populated area---False implication of the accused, in the present case, could not be ruled out in circumstances---Mashirnama of arrest and recovery showed that one .30-bore pistol without number loaded with three live bullets, was recovered from the possession of the accused in presence of mashirs---One of the mashirs in his evidence had not disclosed the proper description of the alleged weapon---Said fact was also not mentioned in the Forensic Science Laboratory report---Memo. of arrest and recovery showed that the weapon allegedly recovered from the accused was without number, but Forensic Science Laboratory report showed that the number was rubbed---Mashirnama of arrest and recovery, showed that body of the alleged recovered weapon had the words "New Border CAL 30 Mouser", marked on the same, but those wordings were not mentioned in the Forensic Science Laboratory report---Record transpired that alleged weapon was received in the Office of the Forensic Agency after the delay of about five days for which no explanation had been furnished by the prosecution---Pistol and bullets…

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