Law: Sindh Arms Act, 2013

Section: 23(1)(a)

Law: Criminal Procedure Code (V of 1898)

Section: 103

Aitbar Ali Bullo, D.P.G. Sindh for the State. (a) Criminal trial--- ----Acquittal in main case---Scope---If an accused had been acquitted in the main case then he was also entitled to be acquitted in the case which was off shoot of the main case. Yasir Chaudhry v. The State 2012 MLD 1315 rel. (b) Sindh Arms Act (V of 2013)--- ----S. 23(1)(a)--- Criminal Procedure Code (V of 1898), S. 103---Recovery of fire arms---Appreciation of evidence---Recovery---Non-association of private person---Scope---Prosecution case was that the accused was required in another case for offence under S.302, P.P.C., and was apprehended and a gun without licence with three live cartridges was recovered from his possession---Record showed that in the main case the complainant did not name present accused and stated that one unidentified person with muffled face armed with gun directly fired at the daughter of complainant---Complainant as well as alleged eye witnesses of the incident did not identify the present accused to be the same who fired at the deceased---In the present case there also seemed to be violation of the provisions of S.103, Cr.P.C. as no independent witness of the locality was associated as mashir of the alleged arrest of the accused and recovery of the gun from him---Appeal against conviction was allowed, in circumstances. State v. Bashir and others PLD 1997 SC 408 rel. (c) Sindh Arms Act (V of 2013)--- ----S. 23(1)(a)---Criminal Procedure Code (V of 1898), S. 103---Recovery of fire arms---Appreciation of evidence---Delay of about four days in sending the recovered weapon for analysis---Scope---There was also unexplained delay of four days in sending the crime weapon to the Ballistic Expert---Such report of the Fire-Arm Expert was of no avail to the prosecution as the crime empties and the firearms allegedly recovered from the accused were sent to Forensic Science Laboratory after delay---Such reports of the Ballistic Expert even positive, would lose its sanctity---Appeal was allowed and accused was acquitted by setting aside conviction and sentence recorded by the Trial Court. Samandar alias Qurban and others v. The State 2017 MLD 539; Yaqoob Shah v. The State 1995…

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