| Citation(s) |
|---|
| 2025 SLG 3489 2025 SLD 3489 = 2025 SHC 1877 |
Sindh High Court, Sukkur Bench
Criminal Jail Appeal No. S-124 of 2024
Ali Haider ‘Ada’,J
Criminal Jail Appeal No. S-124 of 2024
Ali Haider ‘Ada’,J
Appellant: Hakim Ali alias Hakoo, through Mr. Rukhsar Ahmed Junejo, Advocate
VS
The State
Law: Sindh Arms Act, 2013
Section: 23(1)(a),34
Law: Code of Criminal Procedure, 1898
Section: 103,342,340(2),382-B
Law: Police Rules, 1934
Section: 22.16 & 22.70
Summary
The appellant was convicted for possession of an unlicensed weapon based on recovery by the police. However, the appeal court found serious procedural flaws including lack of independent witnesses at the recovery, unexplained delay in sending the weapon to forensic testing, and failure to prove safe custody of the weapon. Due to these lapses and insufficient evidence, the conviction was overturned and the appellant acquitted.
Core Points:
- Weapon recovery lacked independent witnesses despite public location.
- Unexplained 12-day delay in dispatching weapon to Forensic Science Laboratory.
- No proof of secure custody or entry of weapon into police Malkhana register.
- Failure to examine key witnesses handling weapon custody and transmission.
- Investigator was also complainant, affecting impartiality.
- Legal principle of benefit of doubt was applied to acquit the appellant.
Law and Section:
| Law / Section | Description |
|---|---|
| Section 23(1)(a), Sindh Arms Act, 2013 | Punishment for possession of unlicensed weapon |
| Section 103, Cr.P.C. | Association of independent witnesses during recovery |
| Section 34, Sindh Arms Act, 2013 | Police officials and private persons can be witnesses of recovery |
| Section 342, Cr.P.C. | Recording statement of accused |
| Section 340(2), Cr.P.C. | Giving defense evidence on oath by accused |
| Rules 22.16 & 22.70, Police Rules, 1934 | Procedures for handling and recording case property |
| Section 382-B, Cr.P.C. | Suspension of sentence pending appeal |
JUDGMENT