Law: Sindh Arms Act, 2013

Section: 24

(a) Sindh Arms Act (V of 2013)--- ----S. 24---Recovery of firearm---Appreciation of evidence---Benefit of doubt---Unlicensed T.T. pistol with magazine containing four live bullets was recovered during investigation of a murder case, on the disclosure of accused---Investigating Officer was supposed to make such entry/statement about disclosure of accused and recovery of weapon before leaving the police station, but it was not done by him---Recovery was a daytime event, Investigation Officer had also failed to call independent and respectable persons of the locality to witness the recovery proceedings---Place of recovery was also an open place and accessible to all---Investigating Officer in his evidence at nowhere had deposed that after recovery of the pistol he sealed the weapon in presence of the mashirs and he deposited same at the Malkhana of the police station---Defence had rightly pointed out that handwriting on the mashirnama of arrest and recovery and the FIR were of different persons---Said fact was conceded by the prosecution, but complainant/Investigating Officer in his cross-examination had admitted that mashirnama of arrest and recovery as well as the FIR were prepared by him---Record transpired that accused had been acquitted in the main case by the court---Record showed that pistol allegedly recovered on the pointation of the accused was used in the commission of the murder, but prosecution failed to prove before the Trial Court with regard to the safe custody and safe transmission---Neither entry of the Malkhana of the police station was produced before the Trial Court nor incharge of the Malkhana was examined---Positive report of the Ballistic Expert reflected that pistol was deposited by SDPO, but said SDPO was also not examined before the Trial Court---Accused in his statement recorded under S. 342, Cr.P.C. had claimed false implication in that case and stated that pistol had been foisted upon him---Description of the pistol was essential to have been recorded in the mashirnama, in circumstances---Prosecution failed to produce independent piece of evidence for the purpose of corroboration of the evidence of the prosecution witnesses, which was…

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