TAWEEZ KHAN vs State Ss — 2023 PCrLJ 1792 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 1792 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: TAWEEZ KHAN 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

TAWEEZ KHAN VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Call Data Record (CDR)---Accused was charged for committing murder of the son of the complainant and a lady by firing---In the present case, the Investigation Officer had taken into possession CDR of the mobile of accused---According to the Investigation Officer, at the time of occurrence, the accused was near the place of occurrence, and there was nothing on record in respect of the CDR of the accused who allegedly called the deceased---However, it was not clarified as to whether the telephone/SIM number was in the name of the accused as the same fact had not been established from the record---Even otherwise, said fact was also confirmed by the Investigation Officer that the phone/SIM was not in the name of the accused, and he stated that according to his record, the mobile number of the accused was not reflected in the CDR---Said witness further stated during cross-examination that it could not be ascertained from the CDR that whether the said number belonged to the accused or otherwise---CDR produced and relied on by the prosecution was neither attested nor sent by the issuing authority, nor was any witness either associated during the investigation or produced before the court---Thus, it could not be relied on as a valid piece of evidence---Circumstances established that the prosecution had failed to prove the charge against the accused beyond shadow of any doubt---Appeal against conviction was accordingly allowed.

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