Law: West Pakistan Arms Ordinance, (XX of 1965)

Section: 13

Law: Criminal Procedure Code (V of 1898)

Section: 103

(a) West Pakistan Arms Ordinance (XX of 1965)--- ----S. 13---Criminal Procedure Code (V of 1898), S.103---Possessing unlicensed arms---Appreciation of evidence---Entire evidence on record had revealed that incriminating articles were allegedly recovered from the house which was not exclusively possessed by accused, but was jointly possessed by other inmates i.e. his parents, brothers, sisters, uncles and their children---Investigating Officer had raided the house without any search warrant---Record failed to prove that the room from where the recovery was made was occupied by accused---No private person was associated in the case---Evidence collected by the prosecution, was not sufficient to connect accused with the offence, because same was lacking on the record that it was the accused from whose possession the recovery was effected---Ocular evidence was full of contradictions, improvements and omissions---Such sort of scanty and sketchy evidence was never considered as the valid piece of evidence to warrant the conviction of an accused---Prosecution had failed to associate the independent witness belonging to same locality at the time when house was raided---Police, in circumstances, had violated the mandatory provisions of S.103, Cr.P.C. by not making any efforts for procuring the presence of the private witness on the spot at the time of recovery---Courts below, in circumstances were not justified in awarding conviction and sentence to accused---Impugned judgment of the courts below were set aside and accused was acquitted of the charges levelled against him and he was released, in circumstances. Abdul Ghani v. State 2000 MLD 1075 and Mohsin Atta v. The State PLD 1998 Lah. 401 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 103---Search of place---Provisions of S.103, Cr.P.C. would apply with full force when search was to be made of place which was in an inhabited locality---Section 103, Cr.P.C. was relatable to the place and not to the persons---If place was known where search was to be made and that place was situated in a locality which was inhabited by the people, then it was necessary to join two or more respectable persons from that locality to…

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