Law:

Section:

Sindh Arms Act (V of 2013)--- ----S. 23(1)(A)---Possessing unlicensed arms---Appreciation of evidence---Sentence, reduction in---Prosecution case was that one unlicensed T.T. pistol of .30-bore with magazine containing two live cartridges was recovered from the possession of the accused---Record showed that prosecution had examined three witnesses in support of its case---All the witnesses had supported the case of prosecution on all material points---Prosecution witness, who was the one from whom on gun point, accused along with his other associates had robbed one mobile phone as well as one Than of cloth, which was lying in his office---Defence taken by the accused was that in-fact he was employee of the factory and due to some dispute over the salary, he had been involved in a false case---Said witness was cross-examined by the accused himself but no suggestion was put to him in respect of such evidence, thus it was clear that the allegations leveled in examination-in-chief against the accused connected him with the commission of crime remained unchallenged in the cross-examination---Same was the position with regard to the evidence of other prosecution witnesses, whose evidence could not be shattered in cross-examination on all material points---Admittedly, incident took place in day light and the accused was arrested soon after the incident of robbery, when he was trying to flee away---No enmity or ill will was alleged against the prosecution witnesses as to why they would involve the accused in the case---Recovered crime weapon was sent for examination and report showed that it was in working condition at the time of examination and was loaded with two .30-bore live cartridges---Circumstances established that prosecution had been able to prove the case against the accused, however, no other criminal record of accused was available---High Court in view of the young age of the accused, his record and conduct in jail, reduced his sentence from seven years to four years---Appeal was disposed of with said modification accordingly. THIS JUDGMENT DELIVERED BY: MRS. ASHRAF JAHAN, J.--- The Appellant after facing trial in FIR No.132/2014 registered at Police…

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