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: S. 103

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---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---Recovery of incriminating materials doubtful---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---Record showed that the recovery witnesses were all Police Officials---No independent or public witness was associated in any recovery proceedings, which was adirect violation of S.103, Cr.P.C.---One of the Police Official admitted that he made no diary entries regarding the departure or arrival at the place of recovery, nor did he associate any member of the public---Other Police Official acknowledged that his signature was missing on the recovery memo and that the alleged pistol had no serial number and was never sent for forensic examination---Another Police Official confirmed that all recoveries were made within the jurisdiction of another police station, but no report or intimation was recorded at the local police station and also conceded that no public witness was joined---Such recoveries, unsupported by independent corroboration, could not safely be relied upon---All witnesses to the recovery were members of the same police station---Said fact created doubts regarding the recovery---Petitions were allowed and petitioners were acquitted by setting aside impugned judgments, in circumstances.

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