State vs SHAHID HUSSAIN S — 2021 PCrLJ 1274 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PCrLJ 1274 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PCRLJ
Parties: State vs SHAHID HUSSAIN S
Subject matter: Criminal
Provisions referred to: S. 9

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

State VS SHAHID HUSSAIN S. 9(c)---Possession of narcotic---Appreciation of evidence---Appeal against acquittal---Call Data Record---Scope---Prosecution case was that 3600 grams of charas was recovered from the plastic envelop along with mobile belonging to accused---CDR data mentioned particulars, i.e., SIM number, name of accused with CNIC number coupled with FIR number of the case but it had neither been attested, endorsed, stamped and signed by the responsible official of the concerned Cellular Company nor the official, who had prepared/taken out the same from the Computer, had been associated or produced before the court to testify that it was issued by him---No explanation as to how the Investigating Officer obtained the CDR data from the concerned Cellular Company as there was no application for obtaining the requisite data from the Company, except the recovery memo, in which process too official of the concerned company had not been associated---CDR data also bore the FIR number and name of the Police Station, question arose as to how FIR number and police station were mentioned in it as the present case was registered on 03.08.2017 while the CDR data was of 30.07.2017, therefore, such type of secondary evidence could not be relied upon---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt, thus trial court had rightly acquitted the accused---Appeal against acquittal was dismissed accordingly.

Other judgments reported in 2021 PCRLJ

2021 PCrLJ 506 PESHAWAR-HIGH-COURTPROFESSOR AKHTAR KHAN VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 10 & 11---Penal Code (XLV of 1860), S. 109---C…
2021 PCrLJ 1457 KARACHI-HIGH-COURT-SINDHADIL NADEEM VS State S. 497---prevention of electronic Crimes Act (XL of 2016), S. 22---Child pornography---Bail, refusal of---Delayed FIR--…
2021 PCrLJ 119 KARACHI-HIGH-COURT-SINDHSALEEM KHALID VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 20, 21 & 24---Offences against dignity of natural pers…
2021 PCrLJN 83 QUETTA-HIGH-COURT-BALOCHISTANABDULLAH alias KHALIQ DAD VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of crime weapon---De…
2021 PCrLJN 2 QUETTA-HIGH-COURT-BALOCHISTANJAHANZAIB VS State Ss. 11F & 11H---Supply of statements and documents to the accused---Scope---Criminal trial commences with the distributio…
2021 PCrLJN 2 QUETTA-HIGH-COURT-BALOCHISTANJAHANZAIB VS State Ss. 265-E & 221---Plea of guilty---Charge to state offence---Scope---When a person is convicted on a plea of guilty, the…

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