IN THE COURT OF VITH ADDL.

SESSIONS JUDGE KARACHI (SOUTH)

BEFORE:- MR. ABDUL NAEEM MEMON:
SESSION CASE NO:312 OF 2008
The State.
Versus

Ali son of Rais …….. ACCUSED.

FIR NO.128/2008,
U/S 13-D Arms Odinance,
P.S. RISALA,
KARACHI.

MR. YASEEN ADVOCATE FOR THE ACCUSED ALI..

MR. FAIZASIM SOLANGI DDPP FOR THE STATE.

JUDGMENT
1. The above-named accused is sent up to stand his trial against offence

punishable Under Section 13-D Arms Ordinance, arising out of FIR

No:128/2008, of P.S. Risala, Karachi.

2. “The brief facts of the prosecution case are that on 15.05.2008 at about
1640 hours the complainant SI Muhammad Nawaz, lodged the FIR, in
which he has stated that at 0913 hours at Sector Office, Sunni Tehrik,
Chona Bhatti, near Siddiqia Masjid, Ranchore Line, Karachi, one Ali son
of Rais was arrested alongwith other 27 accused persons at the pointed
place and recovered 120 live bullets of SMG from his possession and
Police taken the custody of the arrested accused persons at police
station, where lodged the separate FIRs against them, hence, this FIR.”
3. Initially police after completing usual investigation submitted
challan against the accused before the court of XIth Judicial Magistrate,
Karachi, South. On 10.06.2008 from where the case papers were transmitted to
the Court of Sessions Judge, Karachi, South, and the same were transferred to
this court on 14.06.2008, for disposal according to law.
4. At the commencement of trial the copies of the case were
supplied Under Section 265-C Cr.P.C. to the accused namely Ali son of Rais at
Ex.1 on 12.08.2008.
5. On 25.08.2008 the charge Under Section 13-D Arms Ordinance,
was framed against the accused person namely Ali son of Rais at Ex.2 to which
he did not plead guilt and claimed to be trial at Ex.3.
6. In Order to establish the charge, the prosecution examined PW-
1 ASI Khadim Hussain at Ex.4. PW-2 SI/complainant Muhammad Nawaz at
Ex.5 he produce the memo of arrest and recovery at Ex.5/A, and FIR as Ex.5/B.
PW-3 ASI Dawood Ahmed at Ex.6. Learned DDPP for the state has given up
the witness ASI Raja Gulfaraz being co-mashir of arrest at Ex.7, and the
learned DDPP for the State has also closed the prosecution side of evidence
vide statement as Ex.8.
7. The statement of the accused person Ali son of Rais Under
Section 342 Cr.P.C. were recorded at Ex.9, wherein he denied the prosecution
version and stated that the police with malafide intention and ulterior motive
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falsely implicated him in this case. He claim innocence and pray for mercy.
However, he neither examined himself on Oath nor he produce any Defence
evidence.
8. The points for determination are as under:-
POINTS
1. WHETHER on 15.05.2008 at 0913 hours at Sector Office, Sunni Tehrik,
Chona Bhatti, near Siddiqia Masjid, Ranchore Line, Karachi, one Ali son
of Rais was arrested alongwith other 27 accused persons at the pointed
place and recovered 120 live bullets of SMG from his possession?

2. WHAT offence if any the accused have committed?

9. I have heard the learned counsel for the accused Ali son of Rais

and DDPP for the State and have gone through the evidence available on

record. My findings on the above points with reasons thereof are as under:-

10. FINDINGS
POINT NO:1:- Not proved.

POINT NO:2:- Accused Ali son of Rais is acquitted Under Section 265-H (1)
Cr.P.C.

REASONS
POINT NO:1:-
11. Appraisal of the evidence is that the prosecution examined 03
PWs, including complainant Muhammad Nawaz deposed that he on receiving
information regarding incident of firing proceeded towards the place of incident
and arrested the present accused Ali and recovered 120 live bullets from his
possession but on the contrary the sealed parcel which was sealed on spot by
him and such sealed parcel was de-sealed in open court during evidence of PW
Muhammad Nawaz who has also author of the memo of arrest and recovery
and such de-sealing the parcel is on surface 118 live bullets of SMG which
goes surrounded doubt upon the statement of PW Muhammad Nawaz as far as
120 live bullets recovered from the possession of the accused Ali. The shortage
of two live bullets from the sealed parcel has no where been explained by the
prosecution witnesses including Investigation Officer of this case namely
Khadim Hussain who is clearly stated in his cross examination that the case
property was not sent for FSL, meaning thereby the seals for infects the
prosecution story becomes highly doubtful as far as bullets were recovered
from the accused Ali. The prosecution was based on recovery of ammunition
and it is obligatory duty of such proof of recovery without reasonable shadow of
doubt. The mashir namely ASI Dawood has also admitted the presence of 118
live bullets of SMG which conflicts with the contents of the FIR and so as the
contents of memo of arrest and recovery. Besides this ASI Dawood admitted
that the Crime bearing FIR No:128/2008, U/s 13-D Arms ordinance, PS Risala
was written down by the SI Muhammad Nawaz as PW2 on spot at the time of
effecting the recovery. Meaning thereby but on the contrary FIR was lodged at
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1640 hours after delay of 0440 hours minutes from the arrest and recovery
meaning thereby the FIR was registered prior to effecting the arrest and
recovery and such caused serious doubt upon the prosecution story. Therefore,
the building of the prosecution case stands no where resultantly the prosecution
case is surrounded with serious doubts at every nook and corner of the case.
Therefore, the prosecution has miserably failed to prove its case beyond
reasonable shadow of doubt and such benefit of doubt goes in favour of the
accused as the allegations were not proved and the point No:1 is answered as
not proved.
POINT NO:2:-
12. In view of my findings on the aforesaid point it is crystal clear
that the prosecution failed to establish its version against the accused namely
Ali son of Rais. Resulting thereto, I acquit the present accused Ali son of Under
Section 265-H (1) Cr.P.C. he is present in custody and remanded to jail with
directions that he be released forthwith if he is not required in any other custody
case.
Pronounced in open court.
Given under my hand and seal of the court this 09 th day of
July 2009.

( ABDUL NAEEM MEMON )

VITH ADDL. SESSIONS JUDGE
KARACHI (SOUTH)

PROPERTY ORDER.
The property viz 118 live bullets of SMG shall be confiscated with
Govt. of Sindh and be deposited in Police Armory after expiry of appeal period.

( ABDUL NAEEM MEMON )

VITH ADDL. SESSIONS JUDGE
KARACHI (SOUTH)