Law: Pakistan Arms Ordinance, 1965

Section: 13

Law: Constitution of Pakistan, 1973

Section: 10A

(a) Pakistan Arms Ordinance (XX of 1965) S.13Unlicensed possession of armsAppreciation of evidenceBenefit of doubtComplainant acting as Investigating OfficerNonassociation of independent witnessesFailure to solicit report of Ballistic ExpertFailure to confront the accused with the weaponEffectAccused was convicted for being in possession of 32 bore revolver along with two bulletsComplainant himself had acted as Investigating Officer; therefore, such investigation could not be termed to be impartial as one could not go against his own action and the prosecution witness was subordinate to himEvidence of police officials, no doubt, was as good as that of other public witnesses but police officials were required to associate independent persons to maintain fairnessWeapon allegedly recovered from the possession of accused was not sealed on the spot nor was it sent to the Ballistic ExpertEven the weapon was not confronted to the accused at the time of recording his statement under S.342, Cr.P.C.Conviction and sentence awarded to the accused was set asideRevision application was allowed. Muhmamad Riaz v. The State 2009 MLD 976 rel. (b) Pakistan Arms Ordinance (XX of 1965) S.13Constitution of Pakistan, Art. 10AUnlicensed possession of armsRight to fair trialCrossexamination by accused himselfEffectAccused was convicted for being in possession of .32 bore revolver along with two bulletsAccused was not given an opportunity to bring his counsel and at the time of recording evidence he himself had conducted the crossexamination; therefore, he being layman and having no knowledge of law could not ask material questions to ascertain the truth behind the screenAccused was deprived of his right to defendAccused could not be said to have been heard, thus, he was condemned unheardTrial was conducted in clear violation of Art.10A of the ConstitutionConviction and sentence awarded to the accused was set asideRevision application was allowed. Muhammad Bashir v. The State PLD 2008 SC 160 ref. ORDER MUHAMMAD SALEEM JESSAR, J. Through this criminal revision application, the applicant has challenged the judgment dated 21.11.2013 handed down by teamed 1st Additional Sessions Judge, Dadu…

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