Law: Sindh Arms Act, 2013

Section: 23(1)(a)

(a) Sindh Arms Act (V of 2013)--- ----S. 23(1)(a)---Possessing unlicensed weapon---Appreciation of evidence---Benefit of doubt---Accused was involved in a case registered under Ss.379 34, P.P.C. and on his arrest in that case, one 30 bore pistol with five live bullets (cartridges) was recovered from his possession and he failed to produce licence for the said weapon---Record transpired that present case was off shoot of main case registered under Ss.379 34, P.P.C. in which the accused and co-accused had already been acquitted of the charge---Admittedly, when an accused had been acquitted in the main case, he would be entitled to be acquitted in a case which was off shoot of the main case---Record showed that the Investigating Officer had sent the case property i.e. firearm weapon to the Ballistic Expert with a delay of about six days which was fatal to the prosecution case, as it created doubt in the veracity and credibility of such recovery, so also the report of the ballistic expert---Defence objected that the complainant himself conducted entire investigation of the case---Such conduct of the Police Official had not been appreciated---In such an eventuality, Investigating Officer could not be expected to perform his duties as an impartial and fair Investigating Officer---Moreover other prosecution witnesses, also being Police Officials and his subordinates, could not be expected to give evidence like an independent witnesses and they might be under influence of his superior(s)---Circumstances established that the prosecution had failed to prove the charge against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances. Manjhi v. The State PLD 1996 Kar. 345; Zaffar v. The State 2019 PCr.LJ Note 164; Zaffar v. The State 2019 PCr.LJ Note 164 and Abdul Rehman v. The State 2019 PCr.LJ 875 ref. Yasir Chaudhry v. The State 2012 MLD 1315; Samandar alias Qurban and others v. The State 2017 MLD 539; Yaqoob Shah v. The State 1995 SCMR 1293 and Ghulam Hussain and 2 others v. State 1998 PCr.LJ 779 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 117---Burden of proof---Scope---Prosecution was bound under the law to prove its case…

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