NASIR ALI ALIAS PAPPU Versus THE STATE Q.M. Saleem , M. Iqbal

This criminal appeal arises from the judgment of learned Additional Sessions Judge, Gujrat, whereby he on 24‑7‑1983 convicted Nisar Ali alias Pappu appellant under section 13 of the Arms Ordinance, 1965 and sentenced him to one year's R.I.

2. The charge against him was that he was keeping unlicensed knife Exh.P.l. He denied the charge and claimed to be tried.

3. To prove its case prosecution produced Ghulam Safdar P.W.l and Sh. Farrukh Hussain P.W.2, who stated that the appellant had led to the recovery of unlicensed knife Exh.P.l from his possession.

4. Learned counsel for the appellant contended that the prosecution has failed to prove its case beyond reasonable doubt, inasmuch as the house from where the knife was recovered was not in possession of the appellant. Conversely, the learned counsel for the State has supported the judgment of the trial Court.

5. I have considered the submissions made by the learned counsel for the parties with care. I feel persuaded to agree with the learned counsel for the appellant. I find that it is in evidence that the house from where the knife Exh.P.1 was recovered was also occupied by other members of the family of the accused. That being the position, I am of the view that prosecution has not been able to prove the exclusive control/possession of knife EXh.P.l by the appellant.

6. For what has been said above, while giving him the benefit of doubt, the appellant is acquitted of the charge.

S.A./N‑137/L Appeal accepted.