Javed Khan vs State Ss — 2026 PCrLJ 351 ISLAMABAD

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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---Scope---Appreciation of evidence---Benefit of doubt---Test identification parade---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---Complainant had not given complete detail with regard to the description of the accused in the FIR---Neither the physical structure of each accused was given nor had specific role been assigned to the each accused in the commission of offence---Complainant even failed to disclose the exact date on which the Identification Parade was carried---Moreover, it was a matter of fact and record that the petitioners/accused were arrested on 19.05.2022, whereas the Identification Parade was conducted on 26.06.2022 after the lapse of forty (40) days, which created the possibility of showing the accused to the complainant and witnesses prior to the Identification Parade---Executive Magistrate did not fulfill the formalities of the Identification Parade---Said witness could not recall the exact date of the identification parade and conceded that it was conducted nearly two years after the incident, as per memo of arrest on 19.05.2022, whereas Identification Parade was conducted on 26.06.2022 after forty (40) days of arrest---Son of the complainant deposed that two armed boys demanded money from him and later locked him and others in the washroom---Said witness also claimed to have identified the accused in jail---However, in cross-examination, said witness admitted that in his police statement under S.161, Cr.P.C, he had not mentioned the theft of the gold ring, nor had he been present at the time of recovery and further admitted that all persons in the identification parade had similar appearances and that the lines had already been arranged before their arrival---Such irregularities rendered the identification proceedings doubtful and of no evidentiary value---Another son of the complainant, being about 16-years of age, also supported the version of his father, but his testimony was inconsistent on material particulars---Said witness admitted that he neither attended the identification parade nor accompanied his father to the hospital---Said witness also conceded that his brother, who was admittedly present, was not produced as a witness---Version of said witness regarding the number of intruders and the sequence of events contradicted both the witnesses---In the absence of corroboration, his evidence could not be relied upon---Petitions were allowed and petitioners were acquitted by setting aside impugned judgments, in circumstances.

Javed Khan vs State Ss — 2026 PCrLJ 351 ISLAMABAD

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