Javed Khan vs State Ss — 2026 PCrLJ 351 ISLAMABAD

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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---Benefit of doubt---Delay of one day in lodging the FIR---Consequential---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/-, agold ring, and five mobile phones---Incident, as alleged, took place on 25.06.2020, yet the FIR was registered on the following day, 26.06.2020---No plausible or convincing explanation had been offered by the complainant for this delay, despite the fact that the police station was situated at a short distance from the place of occurrence---Prompt reporting of an offence lent assurance to its truth, while an unexplained delay provided room for deliberation, consultation and fabrication---In the present case, the lapse of time between the alleged occurrence and the registration of the FIR created a serious doubt as to the spontaneity and genuineness of the complaint---Complainant's own admission that he remained in contact with the police on the very night of the incident, but the report was lodged only on the next day, further reinforced the presumption that the FIR was registered after due deliberation---Such an unexplained delay, particularly in cases based solely on ocular account, was fatal to the prosecution and diminished the evidentiary worth of its entire narrative---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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