Case ID |
17484d01-a87e-49db-b903-f64a3ac5e694 |
Body |
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Case Number |
Criminal Appeal No. 68 of 2009 |
Decision Date |
Oct 27, 2011 |
Hearing Date |
Oct 11, 2011 |
Decision |
The appeal filed by Abdul Wahid against the judgment of the Sessions Judge, Khuzdar, dated 28th February, 2009, was allowed. The High Court found that the prosecution failed to establish the case against the appellant beyond reasonable doubt. The alleged recovery of an unlicensed Kalashnikov and 15 live rounds was disbelieved due to contradictions and discrepancies in the prosecution's evidence. The mandatory provisions of Section 103 of the Criminal Procedure Code were violated, raising doubts about the integrity of the recovery process. Consequently, the impugned judgment was set aside, and the appellant was acquitted of the charges, allowing him to be set at liberty unless required in any other case. |
Summary |
In the case of Abdul Wahid vs The State, the Balochistan High Court reviewed the appeal against the conviction under the West Pakistan Arms Ordinance, 1965. The case revolved around the alleged recovery of an unlicensed Kalashnikov rifle and ammunition, which was claimed to have been found at the appellant's residence. The court meticulously analyzed the evidence presented by the prosecution, highlighting significant contradictions and the failure to establish possession as per legal standards. It was emphasized that possession must not only be physical but also imply control and ownership over the items in question. The High Court underscored the importance of compliance with the procedural safeguards outlined in Section 103 of the Criminal Procedure Code to prevent police excesses and ensure fair recovery processes. Given the prosecution's inability to prove its case beyond reasonable doubt, the court ruled in favor of the appellant, demonstrating the critical nature of evidentiary standards in criminal law. The decision serves as a pivotal reference for similar cases involving possession and procedural compliance in recovery proceedings, reinforcing the necessity for transparent legal practices and the protection of individual rights against wrongful implications. |
Court |
Balochistan High Court
|
Entities Involved |
Not available
|
Judges |
MUHAMMAD NOOR MESKANZAI,
MUHAMMAD HASHIM KHAN KAKAR
|
Lawyers |
Saleem Lashari,
Munir Langove,
Abdul Sattar Kakar,
Abdul Sattar Durrani
|
Petitioners |
ABDUL WAHID
|
Respondents |
THE STATE
|
Citations |
2012 SLD 2342,
2012 YLR 200
|
Other Citations |
Not available
|
Laws Involved |
West Pakistan Arms Ordinance, 1965,
Criminal Procedure Code, 1898
|
Sections |
13(e),
103
|