Javed Khan vs State Ss — 2026 PCrLJ 351 ISLAMABAD

Case information

Citation: 2026 PCrLJ 351 ISLAMABAD
Court: Islamabad High Court
Year: 2026
Reporter: PCRLJ
Parties: Javed Khan vs State Ss
Subject matter: Criminal
Provisions referred to: Prisoners Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Javed Khan VS State Ss. 397, 337-F(i) & 412---Qanun-e-Shahadat (10 of 1984), Art. 22---Robbery or dacoity with attempt to cause death or grievous hurt, ghayr-jaifah-damiyah, dishonestly receiving property stolen in the commission of dacoity---Appreciation of evidence---Benefit of doubt---Test identification parade---Infirmities---Scope---Prosecution case was that the accused-petitioners entered the house of complainant, caused him injury with a sharp-edged weapon, took away cash amounting to Rs. 40,00,000/-, a gold ring and five mobile phones---Assistant Commissioner, who conducted the identification parade, admitted in cross-examination that he had not verified the identity of the witnesses, nor ascertained the period during which the accused remained in police custody prior to the parade---Said witness further admitted that he was already aware of the incident and that he did not follow the standard procedure prescribed under the Identification of Prisoners Act, 1920 and the Police Rules---Identification parade was conducted almost two years after the occurrence and witnesses had prior access to the accused in Police Station---Identification proceedings were tainted and devoid of evidentiary worth---Petitions were allowed and petitioners were acquitted by setting aside impugned judgments, in circumstances.

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