Law:

Section:

West Pakistan Arms Ordinance (XX of 1965)-- ---- S. 13 --- Explosive Substances Act (XI of 1908), SA --- Criminal Procedure Code (V of 1898), S.103 --- Appreciation of evidence --- Recovery witness's evidence did not inspire confidence as he had not witnessed the recovery of hand-grenades at the instance of accused---?Despite the place of recovery having been situated in a populated area, none of the residents of locality was associated in recovery proceedings which was violative of S.103, Cr.P.C.---Investigating Officer being complainant in the case was interested in conviction of the accused and his statement was not corroborated by any independent evidence --- Accused was acquitted on benefit of doubt in circumstances. JUDGMENT MIAN ABDUL KHALIQ, J.---Vide impugned, judgment dated 9-7-1991 Mr. Fakhar-od-Din Siddiqui, Judge, Special Court for Suppression of Terrorist Activities, Bahawalpur Division convicted and sentenced Muhammad Ali, appellant as follows:-- (i) under section 13/20/65, Arms Ordinance to seven years' RL and fine of Rs. One lac, in default whereof two years' R.I.; (ii) under section 4 of the Explosive Substances Act, 1908 to life imprisonment and a fine of Rs. rive lac, in default of payment of fine, rive years' R.I. The convict has filed the instant appeal. 2. The accused was in police custody in case F.I.R. No. 377/90 dated 30-12-1990 under section 379, P.P.C., registered at Police Station City Division, Rahimyar Khan who was interrogated by P.W.5, Shahbaz Hussain Shah, complainant S.H.O. City C-Division, Rahimyar'Khan on 1-2-1991, he made a disclosure in presence of Muhammad Younis P.W.3, S.I. Sher Afghan Haider, Masood Ahmad, Maqbool Ahmad, Rashim Khan Constables and P.W.4, Allah' Ditta and led the police party to his house. The accused after entering the room of his house from a wooden Paiti took out six hand-grenades Exh.P.1/1-6 which were secured by P.W.5 vide memo. Exh.PG attested by P.W.3, Muhammad Younis S.I. and P.W.4, Allah Ditta. The accused could not produce any licence or permit of the crime property. P.W.5 drafted complaint Exh.PA at the spot on 1-2-1991 at 12-00 noon time and sent the same to the police station through Masood…

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