Ante-Dated FIR Renders Investigation Tainted & Unsafe To Rely Upon: J&K&L High Court Upholds Acquittal In Murder Case

Holding that an ante-dated First Information Report casts serious doubt on the genuineness and spontaneity of the prosecution case and renders the ensuing investigation tainted, the High Court of Jammu & Kashmir and Ladakh has upheld the acquittal of a man accused of murder.The Court observed that where it is shown that the FIR was not lodged at the time it purports to have been recorded, an inference may legitimately arise that it was prepared after deliberation, making it unsafe to rely upon the investigation conducted on its basis.The Court was hearing an acquittal appeal filed by the State against the judgment passed by the Additional Sessions Judge, Kathua, whereby the respondent was acquitted of offences punishable under Sections 302 and 341 RPC read with Section 4/25 of the Arms Act. The appeal questioned the correctness of the trial Court's findings granting the accused benefit of doubt in a murder prosecution arising out of an alleged stabbing incident that occurred on 19 July 2002.A Division Bench of Justice Sindhu Sharma and Justice Shahzad Azeem observed, “.... If it appears to be back-dated (ante-dated), Court views it as evidence of possible manipulation, either by the police to make the case appear prompt or by the informant to fill gaps after consultation. This further casts doubt viz-a-viz the credibility of the informant and the first information report that led to the investigation and the trial of the accused.”According to the prosecution, the respondent stabbed Nasib Chand with a Kirch on 19 July 2002 at about 6:30 PM near his residence in village Badala, Kathua, allegedly owing to long-standing enmity between the parties. The deceased succumbed to his injuries while being shifted to the hospital.The prosecution case was set into motion on the basis of a report allegedly lodged by Gulshan Kumar, son of the deceased, at 7:50 PM on the same day. During investigation, the police claimed to have completed all formalities, including recovery of the weapon of offence pursuant to the disclosure statement of the accused. Upon completion of investigation, challan was presented only against the respondent, though investigation had initially also been conducted against his two brothers.The trial Court, however, acquitted the accused after noticing several infirmities in the prosecution case, including contradictions among eye-witnesses, failure to prove recovery of the weapon of offence, non-examination of independent witnesses, unexplained injuries on the accused and insufficiency of medical and other evidence. Aggrieved by the acquittal, the State preferred the present appeal.Court's Observations:The High Court examined the evidence on record and noted that the prosecution case rested substantially on the testimonies of the widow, sons and daughters of the deceased. The Court observed that the prosecution failed to produce any credible independent corroboration despite the alleged occurrence having taken place in a populated village lane.The Bench found that the prosecution had relied upon family members of the deceased as eye-witnesses, while the only independent witness, Kiran Jyoti, turned hostile. The Court observed that even during her cross-examination by the prosecution, no incriminating material against the accused could be elicited.The Court further held that the prosecution failed to prove the alleged disclosure statement and recovery of the weapon of offence. One witness cited for recovery was not examined, while the other turned hostile, resulting in complete failure of the recovery evidence.Examining the testimonies of the eye-witnesses, the Court found material contradictions regarding their presence at the place of occurrence. While one witness stated that he and his brother rushed to the spot after hearing cries for help and reached after their mother and sisters, another witness completely negated their presence at the relevant time. The Court observed that these mutually contradictory versions substantially eroded the credibility of the eye-witness account. The Bench also noted that according to prosecution witnesses themselves, several villagers were present at the spot. Yet, apart from one hostile witness, no independent witness was examined. The Court observed that this omission created serious doubt regarding the prosecution version and the manner in which the occurrence was alleged to have taken place.Relying upon the Supreme Court's decision in Talari Naresh v. State of Telangana (2026 SCC OnLine SC 852), the Court held that the testimony of a hostile witness cannot be discarded altogether and may be relied upon even for supporting an acquittal where it inspires confidence. Quoting the Supreme Court, the Bench noted, “... the testimony of a hostile witness or statement in the deposition of hostile witness could be properly employed to discredit the prosecution case and a conclusion of acquittal could well be supported through it and could be founded therein.”The Court...

Ante-Dated FIR Renders Investigation Tainted & Unsafe To Rely Upon: J&K&L High Court Upholds Acquittal In Murder Case

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Ante-Dated FIR Renders Investigation Tainted & Unsafe To Rely Upon: J&K&L High Court Upholds Acquittal In Murder Case

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