Law: Explosive Substances Act, 1908

Section: 5

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

Section: 13

Law: Criminal Procedure Code (V of 1898)

Section: 103

Explosive Substances Act (VI of 1908) S. 5 West Pakistan Arms Ordinance (XX of 1965), S.13 ¬Criminal Procedure Code (V of 1898), S.103 Appreciation of evidence House wherefrom the incriminatory material was recovered, was in possession of more than one persons at the time of search and the alleged recoveries Investigating Officer at the close of his cross examination had admitted that he could not say as to who took into possession the Kalashnikov etc, from the possession of the accused whereas another Police Officer as prosecution witness in his cross examination had stated that the said incriminatory articles were recovered from the possession of the accused by the Investigating Officer Record had revealed that at the relevant time, besides the accused, the acquitted co accused was also present Whether the incriminating material belonged to the accused or to the acquitted co¬-accused, was a question which could not be answered with certainty ¬Both the prosecution witnesses had given contradictory statements as to the factum of recovery Mandatory requirement of S.103, Cr.P.C. had been violated as the police despite having information in advance did not take alongwith it two respectable inhabitants of the locality for witnessing the search and no plausible explanation for such omission had been given No reliance could be placed on evidence of the prosecution witnesses when it suffered from irreconcilable contradictions. Dost Muhammad Khan for Appellant. Shaukat Hayat Khakwani, Dy.A. G. for the State. Date of hearing: 24th October, 2001. JUDGMENT EJAZ AFZAL KHAN, J. On 27 6 1998 at 6 00 a.m. Sanaullah Khan, S.H.O. raided the house of Rehmatullah alias Babu alongwith the police personnel. During the, course of search he recovered one Kalashnikov foreign made bearing No.66 56 1 19103386, a waist-belt with two spare magazine containing 90 live rounds of 7.62 bore, one hand grenade, one dagger from the possession of appellant Rehmatullah while one Kalashnikov, a waist belt with spare magazine containing 60 live rounds of 7.62 bore from the possession of Gul Zariq Shah and as a sequel thereto registered a case under section 13, Arms Ordinance read with section 5 of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492