' TARIQ PARVEZ, J.--- Appellant Nazif Khan a resident of village Kotka Zarif is accused of possessing a Kalashnikov with 18 live rounds of 7.62 bore for which he could not produce any valid licence or permit, was prosecuted by learned Judge, Special Court, Lakki and vide judgment, dated 12-9-2003 held guilty and has been sentenced to four years' R.I. Under section 13 Arms Ordinance, therefore, this appeal.
2. After hearing the learned counsel for the parties and after we have gone through record of this case it appears that there were information to the police that a P.O. By the name of Naiibullah brother of Nazif has taken shelter in his house. The house was raided, P.O. Could not be arrested but appellant was allegedly found in possession of Kalashnikov and rounds as mentioned above.
3. To prove the charge prosecution has examined three witnesses, all police officials. It is not disputed that the house wherefrom appellant was arrested is within village Abadi but no attempt is made by the Investigating Officer to associate any notable of the area during the recovery process.
' It is not conceivable that if the P.O. Could on getting information of the arrival of the police, the appellant would still keep the Kalashnikov in his personal possession instead of either concealing it somewhere in the house by disarming himself or by also trying to escape.
4. When the recovery even if proved is made from the house of the appellant which is occupied by other inhabitants and where we doubt that in the circumstances appellant would not have disarmed himself we extend the benefit of doubt to the appellant. This appeal is, therefore, allowed.
Conviction and sentence of the appellant are set aside and he is acquitted of the charge. He be released from jail forthwith, if not required in any other case.