SEWA KHAN vs State S — 2021 MLD 1364 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 MLD 1364 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: MLD
Parties: SEWA KHAN vs State S
Subject matter: Criminal
Provisions referred to: S. 13---U

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SEWA KHAN VS State S.13---Unlicensed possession of arms---Appreciation of evidence---Scope---Allegation against accused was that he, in order to avoid his arrest, opened firing upon the Levies personnel which resulted in firearm injury to a constable, however, he was overpowered and was found to be in possession of an SMG rifle along with 3 magazines containing 35 live cartridges---Injured constable was not produced before the Trial Court nor was his medical certificate produced---No empties were recovered from the place of occurrence by the Investigating Officer---Burden was on the prosecution to prove not only that the firearm was recovered from the possession of accused but also that he was not possessing any valid licence to keep the same---Weapon recovered from the possession of accused was never sent to the Ballistic Expert, therefore, without ascertaining the nature of weapon and its condition punishment could not be awarded---Appeal against conviction was allowed, in circumstances.

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