Law: Sindh Arms Act, 2013

Section: 23(1)(A)

(a) Sindh Arms Act (V of 2013)--- ----S.23(1)A---Possessing illicit weapon---Appreciation of evidence---Benefit of doubt---Prosecution case was that pistols with magazine containing bullets were recovered from the possession of accused---Record reflected that the accused had been acquitted in the main case under Ss.302, 452 34, P.P.C. by Trial Court, mainly on the ground that eye-witnesses did not support the prosecution case---Evidence of mashir was recorded before the Trial Court in the main case, in which he had categorically stated that neither accused were arrested in his presence nor pistols were recovered from their possession---Trial Court had failed to record evidence in both the cases separately---Evidence of the prosecution witnesses was recorded in one case and same was copied/ditto typed in another case---Requirement of the law was that evidence in every case was to be recorded separately---Procedure adopted by the Trial Court was absolutely illegal and unwarranted by law---According to the case of prosecution, both pistols were used by the accused in the commission of the murder---Despite that, it was very strange that prosecution failed to produce the evidence with regard to the safe custody of the weapons at the police station and safe transmission to the Ballistic Expert---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances. Hamza Ali Hamza v. The State 2010 SCMR 1219 and Faheem Ali v. The State 2019 MLD 468 ref. Kamal Din alias Kamala v. The State 2018 SCMR 577 rel. (b) Criminal trial--- ----Benefit of doubt---Principle---If there is a circumstance which creates reasonable doubt in a prudent mind about the guilt of the accused then the accused will be entitled to the benefit of such doubt not as a matter of grace and concession but as a matter of right. Tariq Pervez v. The State 1995 SCMR 1345; Ghulam Qadir and 2 others v. The State 2008 SCMR 1221; Muhammad Akram v. The State 2009 SCMR 230; Muhammad Zaman v. The State 2014 SCMR 749 and Muhammad Mansha v. The State 2018 SCMR 772 rel. JUDGMENT NAIMATULLAH PHULPOTO,…

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