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NOOR AHMED alias AHMED AGHA vs State Ss — 2022 PCrLJ 1126 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 PCrLJ 1126 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
PCRLJ
Parties
NOOR AHMED alias AHMED AGHA vs State Ss
Subject matter
Criminal

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

NOOR AHMED alias AHMED AGHA VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Call Data Record---Scope---Accused was charged for committing murder of the brother of complainant---Investigating Authority had taken into possession the CDR data of the deceased's mobile and there was nothing on record in respect of the CDR of the accused who had not called the deceased, further, it was not clarified as to whether the telephone/SIMNumber was in the name of the deceased and accused, as the same fact had not been established through the record---Even assuming the location of the mobile of both the accused and deceased in the same area on 26.03.2019 might be for other reason and not for the offence; therefore, just by placing mobile data on the record would hardly be of any use to the prosecution---CDR produced and relied by the prosecution was neither attested nor signed by the issuing authority, nor any witness was either associated during the investigation nor produced before the court, thus also could not be relied on as a valid piece of evidence---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

Other judgments reported in 2022 PCRLJ

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