Law: Arms Ordinance, 1965

Section: 13

Arms Ordinance, 1965 (W.P. Ord. XX of 1965)-- —S. 13 read with Section 9—Un-licensed Chutra—Recovery of—Conviction for— Challenge to~For conviction under Section 13-E, it is incumbent upon prosecution to exclusively prove Violation of Section 9 of Ordinance—There is no evidence to show that appellant was ever asked if he had a licence for alleged Clnira or not-Held: Appellant has been precluded from giving an explanation, as such he has not violated provisions of Section 9 of Ordinance and his conviction under Section 13-E of Ordinance is not sustainable. [Pp.341342]AB JUDGMENT This appeal is directed against the judgment dated 23.1.1989 passed by the learned Fifth Additional Sessions Judge, Larkana whereby the appellant was convicted and sentenced to undergo R.I. for two years and fine of Rs. 1000/- or in default to undergo further R.I. for one month more.The facts of the case are that, the appellant was already in custody of P.S. Dhamra when on 18.6.1984 he was interrogated by S.I. Kadir Bux Rinc1 (SHO) regarding weapon of offence used in the main offence U/s 302 P.P.C. The appellant showed his willingness to produce the weapon, as such he led the police party to his house situated in village Vikio Sangi, Taluka Larkana and from the eastern side of the courtyard from under a hedge, he produced a Chhura which was secured by the police under a mashinama in presence of mashirs H.C. Gaibi Khan and P.C. Abdul Majeed. After the recovery, the police party alongwith the appellant came back to the police station where SHO S.I. Kadir Bux Rind lodged the FIR Crime No. 66/84 under section 13E Arms Ordinance.After the usual investigation the challan was submitted in the court and the case came for trial before the learned Fifth Additional Sessions Judge, Larkana.The trial court framed the charge (Ex-2) against the appellant for having commited an offence punishable under Section 13E Arms Ordinance, to which the appellant did not plead guilty and claimed to be tried. At the trial, the prosecution examined PW-1 Qadir Bux Rind, his deposition is Ex. 4. He produced mashiniama of recovery Ex-4/A and FIR Ex-4/B. The second witness examined is P.W. 2 Gaibi Khan, his deposition…

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