Law: Pakistan Arms Ordinance, 1965

Section: 13

(a) Pakistan Arms Ordinance (XX of 1965)--- ----S. 13---Recovery of pistol without licence on pointation of accused---Appreciation of evidence---Benefit of doubt---Recovery from open place---Delay in sending recovered weapon to Forensic Science Laboratory without empties---Non-association of private witness--- Effect--- Accused, during investigation of another case, was alleged to have got recovered a pistol---Recovery of alleged weapon was effected on the pointation of accused from open place and the weapon was sent to the Forensic Science Laboratory without empties---No private witness was associated and the place of recovery was not in the exclusive possession of accused---Weapon was sent for analysis to the Forensic Science Laboratory after lapse of two months without any explanation---Prosecution was bound to explain as to under whose custody the weapon was lying during that period but the prosecution was silent---Report of Forensic Science Laboratory revealed that the weapon was in working condition---Such positive report was not helpful to the prosecution because the weapon had to be sent with casing/ empties for examination---Forensic Science Laboratory had to examine whether the recovered empties were fired from the recovered weapon or otherwise---Prosecution had not recorded the statement of any official about safe custody of the weapon, as such the conviction could not be based on shaky and unreliable evidence---Prosecution had failed to establish the guilt of the accused and the commission of offence was acquitted of the charge, in circumstances. Gul Sher Khan v. State 2018 MLD 1354 ref. Muhammad Arif v. State 2019 SCMR 631 and Sajjan Solangi v. State 2019 SCMR 872 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art.40---Proof of information received from accused---Scope---Recovery of weapon on the pointation of accused is admissible in evidence under Art. 40, Qanun-e-Shahadat, 1984 but said Article puts an embargo on the prosecution that recovery should be free from doubt. JUDGMENT ABDUL HAMEED BALOCH, JUSTICE:---.--- This judgment disposes of Criminal Appeal No.97/2019 filed by the appellant against the judgment dated 30.03.2019 (impugned judgment)…

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