Law: Pakistan Penal Code, 1860

Section: 409

Law: Prevention of Corruption Act, 1947
Section: 5(2)
(a) Penal Code (XLV of 1860)---

----S. 409---Prevention of Corruption Act (II of 1947), S. 5(2)---Criminal breach of trust, criminal misconduct---Appreciation of evidence---Delay of more than two years in lodging FIR---Consequential---Accused were charged for misappropriating service rifle G-3, magazine and bullets---Record showed that the FIR was registered after a delay of more than two years as, according to the complainant, on 19.7.2008 he had issued and handed over G-3 Rifle bearing No.89346, with five magazines and 100 bullets of G-3 to accused for performing his official duty who remained absent from his duty from 27.07.2008 and did not deposit the arm and ammunition, therefore, such report was sent to the high-ups---On 01.09.2009 the accused appeared and brought the rifle etc. in presence of two Police Constables---On checking, it was found that the rifle was not with same number and that it was a fake rifle---First Information Report was lodged on 18.06.2011---No explanation had been furnished by the prosecution as to why FIR was not registered when the rifle and magazines etc. were not deposited by the accused on the day when the same were to be deposited under the relevant procedure/practice and even on the day when the accused had brought and produced a fake rifle etc. before the complainant---In the circumstances, apparently, in the case of accused FIR was registered after an inordinate delay of more than two years---Same was the position in other case relating to other accused, wherein the delay was even for a longer period i.e. about seven years, as the Arms and Ammunition were issued to said accused on 31.01.2004---No explanation, at all, had been furnished by the prosecution for such a long delay in both the cases---Unexplained delay in lodging the FIR created doubts about the involvement of actual culprits as the probability of manipulation in such circumstances could not be ruled out---Appeal against conviction was allowed accordingly.

Ayub Masih v. The State PLD 2002 SC 1048 and Sabir Hussain v. The State 2022 YLR 173 rel.