Law: Criminal Procedure Code (V of 1898)

Section: 410

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

Section: 13

Criminal Procedure Code (V of 1898) S. 410 read with West Pakistan Arms Ordinance (XX of 1965), S. 13 --- Appeal (criminal) --- Evidence, appreciation of--Admittedly no independent witness coming forward to depose against accused to establish alleged recovery of illicit rifle on pointing of accused --Held: Not safe to hold accused guilty on sole testimony of Police Officer-Conviction set aside, in circumstances.--(Recovery]. Dates of hearing: 24th, 25th and 30th November, 1980.                                                                                                      JUDGMENT ABAIDULLAH KHAN, J.-This appeal by Fazal Hussain, son of Shah Muhammad, aged 55 years, caste Kashmiri, resident of village Shabdiwal, tehsil and district Gujrat, is directed against the order of the learned Additional Sessions Judge, Gujrat, dated the 30th August, 1979, whereby he was convicted of the commission of offence punishable under section 13 of the West Pakistan Arms Ordinance, 1965 (XX of 1965), for keeping in his possession 303 rifle and five bullets without a licence on the 28thMay, 1972, and sentenced to suffer rigorous imprisonment for two years. 2. According to the prosecution, Fazal Hussain, appellant, who was in police custody in connection with another murder case, got 303 rifle, Exh. P. 1, and five bullets, Exh. P. 2/1-5, recovered from his house situate -in village Shabdiwal on the 28thMay, 1972. Muhammad Ibrahim, Assistant Sub-Inspector of Police, P. W. 2, who supervised the recovery operation, took the rifle and bullets in his possession vide memorandum, Exh. P. A. which was…