Law: West Pakistan Arms Ordinance (XX of 1965)

Section: 13E

(a) Criminal trial- ---- Benefit--of doubt---For the purpose of giving benefit of doubt to an accused person, more than one infirmity is not required, a single infirmity creating reasonable doubt in the mind of a reasonable and prudent person regarding the truth of .the charge makes the whole case doubtful. (b) Criminal trial--- ----Burden or proof---Merely because the burden is on the accused to prove his innocence it does not absolve the prosecution from its duty to prove its case against the accused beyond any shadow of doubt---Finding of guilt against an accused person cannot be based merely on the high probabilities that may be inferred from evidence in a given case---Mere conjectures and probabilities cannot take the place of proof. Muhammad Luqman v. The State PLD 1970 SC 10 ref. (c) West Pakistan Arms Ordinance (XX of 1965)--- ----S. 13-E---Appreciation of evidence---Raid was conducted on the house of the accused to apprehend a proclaimed offender but the police did not succeed in its mission---Accused was not present in the house when recovery was effected from a room of the house during house search---Prosecution witness had stated that -a the time of raid mother of the accused was present in the house which lent strength to the contention of the accused that the house was not in exclusive possession of the accused and that other people also lived in it---Prosecution had failed to produce best evidence to establish accusation against accused:--Conviction and, sentence passed against the accused were set aside and he was acquitted of the charge against him. JUDGMENT IJAZ-UL-HASSAN, J.--This Criminal Appeal No.207 of 2001 is directed against the judgment of learned Judge Special Court/Zila Qazi, Buner dated 4-7-2001, whereby Shah Maiser son of Kabal, resident of Sarkhane Sultanoos; Police Station Pir Baba, District Buder, appellant adjudged guilty of the charge, was convicted under section 13-E proviso (b) of the Pakistan Arms Ordinance, 1965 and sentenced to suffer three years' S. I. and a fine of Rs.1,000 or in default thereof to under further S. I. for one month. 2. Facts of the case in brief are 'that a police party headed by P.W. Habibul Haq,…

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