MUSHTAQ AHMED vs State S — 2023 PCrLJ 1823 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 1823 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: MUSHTAQ AHMED vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

MUSHTAQ AHMED VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---CCTV footage---Forensic test not carried out---Effect---Accused was charged for committing murder of the uncle of the complainant---Prosecution alleged that the accused was involved in the present case through CCTV footage---For proving the murder, video clips/tapes were produced during the evidence through a Police Official---According to said witness, the video clips/tapes were downloaded in USB from the room of deceased and from a Medical Store, but the original video clips/tapes were never produced during the trial---No forensic analysis of the said video clips/tapes was ever carried out, nor any report of expert was ever produced by the prosecution---If original video clips/tapes were delivered to Investigating Officer, then, the forensic test would have been done---Original clips/tapes were not brought on record, thus, an adverse presumption could be drawn that the said clips/tapes were the result of camera trick---Moreover, it was not established by the prosecution that as to when and by whom the video in a USB were prepared/downloaded, so there was possibility that same were prepared in the lab or some film studio---In absence of any forensic report, the genuineness or otherwise of the said video clips/tapes could not be determined and no reliance could be placed on such piece of evidence---Circumstances established that the prosecution had failed to bring home guilt of accused---Appeal against conviction was allowed accordingly.

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