Law: Pakistan Arms Ordinance (XX of 1965)

Section: 13(d)

Law: Criminal Procedure Code (V of 1898)

Section: 103,161,265-d,340(2),342,540

Law: Pakistan Penal Code, 1860

Section: 34,302

(a) Pakistan Arms Ordinance (XX of 1965)--- ----S. 13(d)---Possessing unlicensed weapon---Appreciation of evidence---Benefit of doubt---Prosecution case was that an unlicensed Kalashnikov type rifle with magazine containing ten live bullets was recovered from the possession of the accused---Record showed that complainant left police station under daily diary entry, in connection with the investigation of crime under S. 302, P.P.C. and while he was on the way, he got information on phone that the nominated accused of main case and co-accused duly armed with weapons, were wondering near a bridge---Complainant did not produce the said entry before the trial court---Departure entry by which they had left the police station for investigation of main crime and subsequent information regarding presence of accused and co-accused on certain point had not been produced therefore, without production of said document, it could not be established that the police had left the police station for the purpose mentioned in the FIR---Complainant had categorically mentioned in the memo. of recovery and arrest as well as FIR that they had prepared a joint memo. of recoveries and arrest, which was not permissible under the Police Rules, 1934---Roznamcha entry had not been produced in evidence, therefore, the entire movement as well as proceedings initiated thereupon were not of much consequence---Plea taken by the defence that nothing was recovered from the accused nor he was arrested from the place as shown in the FIR and entire proceedings were completed at police station, carried much weight incircumstances---Complainant had admitted that entire papers, which were tallied before the trial court, were written by one W.P.C, whose name had not been mentioned in the calendar of witnesses, nor the complainant was in a position to disclose his name---Such conduct of the complainant on that score itself showed that he had not conducted the investigation properly or entire proceedings were completed at the police station without his direction and knowledge---Complainant was unable to depose that as to on which date he sent the said weapon to laboratory for opinion---Even the person…

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