Hatak alias Spak S/O Sher Khan vs The State

Balochistan High Court · 2024 · Before Hon'ble Justice Shaukat Ali Rakhshani

Appellant, Hotak alias Sapak has put in the captioned appeal to set at naught the judgment dated 27.07.2023 ("impugned judgment") rendered by learned Sessions Judge, Killa Saifullah (“Trial Court”), whereby he was convicted and sentenced under section 13 (e) of the Arms Ordinance of 1965 (“Ordinance of 1965”) to suffer three (3) years R.I with a fine of Rs.20,000/- (Twenty thousand) and in default thereof, to further undergo for a period of three (3) months S.I with the premium of section 382-B of Criminal Procedure Code, 1898 (“CrPC”) in a case vide FIR No.25 of 2022 (Ex.P/3-A) dated 27.07.2022 registered with Levies Station, Killa Saifullah.

2. Compendiously, the crime report ibid reveals that on 27.07.2022, while the appellant was being investigated in a case vide FIR bearing No.25 of 2014, he made disclosure and on his pointation levies officials got recovered Rifle .303 bore, having No.H- 6079 from a room of house of the appellant, situated at Qandeel Batozai, Killa Saifullah, whereof he failed to produced any valid license. The appellant was put on trial, where on commencement of the trial, the appellant entered the plea of denial, thus, the prosecution in order to bring home the charge, produced three (3) Crl Appeal No. 327 of 2023 (2) Only for viewing purpose. Contact office for certified copy. witnesses, and after close of the prosecution side, the appellant was examined under section 342 of CrPC, who denied the allegations and professed innocence, whereafter the appellant neither deposed on oath nor produce any defence, henceforth on conclusion of the trial, the appellant was convicted and sentenced in the terms mentioned in the para supra.

3. Mr. Ashraf Dad Kakar, learned counsel for the appellant inter alia contended that the mode and manner in which recovery has been affected is improbable and that no private witness was associated while making recovery of the crime weapon. He maintained further that there are material contradictions in the statements of the prosecution witnesses, which has made the entire case doubtful, but the Trial Court has failed to take into consideration such aspect of the matter and has recorded the conviction for the reasons contrary to the evidence available on record. On the basis of above illegalities, learned counsel for the appellant, prayed for acquittal of the appellant. On the other hand, Mr. Abdul Latif Kakar, learned APG resisted the appeal and refuted the contentions advanced by the learned counsel for the appellant. He urged that the prosecution has proved the case to the hilt and has also successfully established the recovery of the weapon in question through tangible evidence, substantiated by the FSL report regarding the crime weapon to be in working condition and that the Trial Court has rightly convicted and sentenced the appellant, which needs not to be interfered with, and as such requested for dismissal of the appeal. Crl Appeal No. 327 of 2023 (3) Only for viewing purpose. Contact office for certified copy.

4. Heard. Record pondered upon. Rozi Khan Levies Constable (“LC”) (PW-1) testified that on 27.07.2022, he along with other levies personnel under the supervision of Muhammad Essa Investigation Officer…

Opening of the judgment. Loading the full judgment on LexPK…