Law: Pakistan Arms Ordinance, 1965

Section: 13(e)

(a) Pakistan Arms Ordinance (XX of 1965)--- ----S. 13(e)---Possession of unlicensed arms--- Appreciation of evidence---Benefit of doubt---Sending of empties with weapon to the laboratory---Effect---Accused was convicted for having been in possession of a shotgun with live cartridges without licence or permit---Accused was arrested by police after exchange of firing for about half an hour but it did not appeal to reason as to how did the other accused, for whose arrest the raid was conducted, managed to escape---Statement of complainant was contradicted by eye-witnesses---Prosecution had failed to dispatch the weapon with rounds in order to ascertain whether the recovered weapon was in working condition or not---Mere recovery without the report of Forensic Laboratory did not advance the case of prosecution---Appeal was accepted and the accused was acquitted of the charge, in circumstances. 2015 MLD 1259 rel. (b) Criminal trial--- ----Benefit of doubt---Scope---Accused is entitled to the benefit of doubt. Sher Umar Khan v. Khan Pur alias Khaney PLD 2015 Pesh. 143 rel. THIS JUDGMENT DELIVERED BY: ABDUL HAMEED BALOCH, JUSTICE:---.--- This criminal appeal has been directed against the judgment dated 23rd April, 2019 (impugned judgment), passed by learned Additional Sessions Judge, Jhal Magsi at Gandawah, (trial court), whereby the appellant was convicted under Section 13(e) Arms Ordinance, 1965 (Ordinance 1965) and sentenced to suffer three years' rigorous imprisonment with benefit of Section 382-B, Cr.P.C. 2. Precise facts of the case are that on 21st August, 2018, the complainant Fida Hussain Rasaldar Levies lodged FIR No. 17 of 2018, with Levies Station Gandawah, under Section 13 (e) Arms Ordinance, 1965, alleging therein that they conducted a raid at village Goth Tambela for arrest of accused Shaman Khan and others in FIR No. 15 of 2018, under Sections 302, 147, 148, 149 Pakistan Penal Code, during which accused/appellant Sodhal Khan was arrested from a tube well near said Goth and from his possession a double barrel shotgun with twenty live cartridges were recovered, for which he failed to produce any license or permit. 3. After registration of FIR the…

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