All the evidence on record of the testimony of the Section 13 Criminal Code (v. 1898), section 103 of unauthorized possession of unlicensed firearms, revealed that the alleged malicious articles were recovered from the house which the accused did not exclusively possess. , But jointly with other prisoners. The investigating officer of the parents, brothers, sisters, mamas and their children raided the house without a search warrant. The record fails to prove that the room from which the recovery was made was occupied by the accused, according to the prosecution. No private person collected from the source was involved in the case. , It was not enough to link the accused to the crime, as the record also lacks that it was the accused who was affected by the recovery. As evidence of the conviction of the accused prosecution when the house was raided, the police failed to engage an independent witness from the same area, in which case, the presence of a private witness was on the spot. Made no attempt to violate the mandatory provisions of Section 103, CR PC. At the time of recovery, the lower courts were not justified in convicting and punishing the accused in the circumstances. The decision of the lower courts was kept separate and the accused was acquitted of the charges leveled against him. Was released, under conditions
Related judgments — Peshawar High Court NWFP, 2011
