Rana Muhammad Yousaf Khan vs State Ss — 2024 PCrLJ 1143 LAHORE-HIGH-COURT-LAHORE

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Rana Muhammad Yousaf Khan VS State Ss. 249-a & 561-a---Telegraph act (XIII of 1885), S. 25-D---Inherent powers of High Court---Quashing of order---acquittal of accused---application under S. 249-a, Cr.P.C., filed for the acquittal of the accused same was dismissed, revision was filed but same was also dismissed---Validity---Petitioner alleged that no incriminating material was on record as such he be acquitted from the charge---Record showed that the charge against the petitioner was that he extended threats of dire consequences from his cell number on the mobile phone of complainant but admittedly, neither cell phone nor its Subscriber Identity Module (SIM) nor the mobile phone of the complainant was taken into possession by the Investigating agency during the course of investigation---Sole reliance of the prosecution in the case was on the audio C.D allegedly preparedby a prosecution witness---Said witness, after copying the audio from the mobile phone of the complainant while pasting the same at the C.D---Since the C.D was prepared after copying the original voice from the mobile phone, it lost its authenticity because the same was not the original device on which the voice of the accused was recorded---Moreover, the same was not provided by the complainant to the police rather by the said witness after copying the same from the mobile phone of the complainant---Thus, the preparation of the C.D., in any way, did not fulfill the criteria as provided by the Supreme Court---Best course in this case would have been that the Police should have taken into possession the mobile phone of the complainant on which the threatening call was received and got it forensically tested after comparing it with the voice of the petitioner/accused but that attempt was not made by the Investigating agency to reach to some proper conclusion---Evidence, i.e., the compact disc having audio could not be used against the petitioner as the same was not prepared/generated in view of the parameters determined by the Supreme Court---according to the contents of FIR, co-accused, clerk of accused, also allegedly extended threats of dire consequences to the complainant by using his mobile Phone---Similarly, other co-accused also extended threats and also abused the complainant---Said two co-accused persons were declared as innocent by the police---admittedly, such findings of the police had never been challenged by the complainant at any higher forum of police hierarchy---So, it was manifestly clear that the charges leveled against the petitioner by complainant were groundless and analyzing and viewing the incriminating evidence/material, allegedly with which prosecution was equipped, there was no probability of the petitioner/accused being convicted---Petition was allowed, in circumstances.

Rana Muhammad Yousaf Khan vs State Ss — 2024 PCrLJ 1143 LAHORE-HIGH-COURT-LAHORE

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