1993 P Cr (PLP)
Hakim INAYAT ULLAH KHAN — Appellant Versus Criminal Appeal No.64/SAC/L of 1992, heard on 13th February, 1993.
| Citation | 1993 P Cr (PLP) |
| Forum / Court | Supreme Appellate Court |
| Bench Members | Justice Muhammad Rafiq Tarar, Chairman, |
| Parties | Hakim INAYAT ULLAH KHAN — Appellant Versus Criminal Appeal No.64/SAC/L of 1992, heard on 13th February, 1993. |
Q1: What are the key laws and sections cited in 1993 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 P Cr (PLP)?
The case was heard and decided by the Supreme Appellate Court bench comprising: Justice Muhammad Rafiq Tarar, Chairman,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 P Cr (PLP) (Hakim INAYAT ULLAH KHAN — Appellant Versus Criminal Appeal No.64/SAC/L of 1992, heard on 13th February, 1993.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
S. 7(c)
No evidence was led by the prosecution to prove that the gun recovered from the possession of accused was the same which he had in possession and had failed to surrender on or before 31-7-1991, the date specified by the Government for the surrender of illicit arms, which was a condition precedent for his conviction
Accused was acquitted accordingly.
Judgment & Decree
S. 7(c)
No evidence was led by the prosecution to prove that the gun recovered from the possession of accused was the same which he had in possession and had failed to surrender on or before 31-7-1991, the date specified by the Government for the surrender of illicit arms, which was a condition precedent for his conviction
Accused was acquitted accordingly. M. Asghar Rokhri for Appellant. M.A. Zafar for the State. Date of hearing: 13th February, 1993. JUSTICE ABDUL MAJID TIWANA (MEMBER-II)
Hakim Inayat Ullah appellant was tried by the learned Judge of Special Court for Speedy Trial No.II, Lahore, for having been found in possession of an unlicensed .12 bore gun alongwith 4 live cartridges when on 14-1-1992 he was apprehended by a police party headed by Mehrban Hussain Inspector/S.H.O., Police Station Kundian at Paki Pull Canal as an accused wanted by the police in a murder case. On the conclusion of trial, he, vide judgment, dated 21-2-1992, was convicted under section 7(c) of the Surrender of Illicit Arms Act, 1991, and sentenced to seven years' R.I. for his failure to surrender it under section 4 of the said Act.
2. The appeal can be accepted on the short ground that no evidence was led by the prosecution to prove that the gun recovered from the possession of the appellant was the same which be had in possession and had failed to surrender on or before 31-7-1991, the date specified by the Government for the surrender of illicit arms. This was a condition precedent for his conviction and it was not satisfied.
3. This being so, the appeal is accepted, the conviction and sentence of the appellant are set aside and he is acquitted. He should be released if not required in any other case. N.H.Q./85/SAC Appeal accepted.