Law: Sindh Arms Act, 2013

Section: 23(i)(a)

Law: Code of Criminal Procedure (CrPC), 1898

Section: 342

(a)    Sindh Arms Act (V of 2013)-------S. 23(i)(a)---Possessing illicit weapon---Appreciation of evidence---Prosecution case was that an unlicensed pistol 30-bore with four live bullets and foreign currency was recovered from the possession of accused---Accused contended that the specific plea regarding his arrest by the Rangers taken by him at the time of recording his S.342, Cr.P.C statements was not noted down by the Presiding Officer nor was kept in juxtaposition with the material brought on record---Such plea appeared to be correct and got support from the record, as in paragraph No.15 of the impugned judgment such fact was mentioned, however, it was not incorporated in the S.342, Cr.P.C statement of accused---Admitted position on record was that the foreign currency allegedly recovered from the accused was not sealed at the spot nor its description viz., denomination numbers were noted down by the Recovery Officer at the relevant time---Moreover, the alleged incident was shown to have taken place in broad daylight and that too near a hotel, where availability of people from general public could not be denied, yet the complainant did not associate or cite any independent person to witness and/or attest the alleged recovery proceedings---Hence, such glaring features on the part of prosecution had dented its own case, which created lot of doubts---Appeal against conviction was accordingly allowed.Liaquat and another v. The State 2014 YLR 484; Bhutto v. The State 2017 PCr.LJ Note 66; Nazeer Ali v. The State 2011 YLR 403; Abdul Hameed v. Muhammad Abdullah and others 1999 SCMR 2589 and Mustansar Ali v. Tariq Mahmood 2011 YLR 2393 ref.(b)    Criminal trial-------Benefit of doubt---Principle---If the slightest doubt arises in the prosecution case, its benefit must be extended in favour of the accused.Tariq Parvez v. The State 1995 SCMR 1345 rel.JUDGMENTMUHAMMAD SALEEM JESSAR, J.---Through this appeal, Appellant Muhammad Hashim son of Muhammad Ibrahim, by caste Pathan, has assailed the Judgment dated 25.11.2023, handed down by learned 1st Assistant Sessions Judge, Jacobabad, in Sessions Case No. 401 of 2023 (re: The State…

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