Citation Name: 2024 YLR 1662 PESHAWAR-HIGH-COURTBookmark this Case State vs AKBAR KHAN Ss

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Citation Name: 2024 YLR 1662 PESHAWAR-HIGH-COURTBookmark this Case State VS AKBAR KHAN Ss. 302(b) & 34---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Criminal Procedure Code (V of 1898), S.417(2-A)--Qatl-i-amd, common intention---Appeal against acquittal---Appreciation of evidence---Withholding best evidence i.e. Call Data Record (CDR)---Accused/ respondents were charged for committing murder of the brother of the complainant---Record showed that initially the law was set in motion by the complainant of the case by reporting the matter to the local police in respect of missing of his brother---In said report, it was specifically mentioned by the complainant that at the time of missing of his brother he had cell phone, as such, during the course of inquiry, when the Investigating Officer made a call on the said mobile number, he was informed by an unknown caller/recipient about the presence of the dead body of the deceased lying at the stated spot, therefore, in such scenario, the best piece of evidence available with the prosecution was the CDR data, from which prima facie the identity of the caller could be established---However, on one hand even the mobile number of the Investigating Officer was not mentioned in the Murasila and on the other hand the CDR data in respect of the said cell number was not obtained and secured from the concerned franchise/company in order to establish that the Investigating Officer had in fact made a call on the cell number of the deceased or otherwise---In the subject case, when there were two cell numbers in the field i.e. the one which belonged to the deceased and the other from which the Investigating Officer allegedly made a call, then the prosecution was duty bound to obtain the CDR data of both these cell numbers at least to establish the identity of the unknown caller who had informed the Investigating Officer regarding the presence of the dead body of the deceased at the spot, however, no such visible efforts had been made on the part of the prosecution in the case in hand, therefore, such important piece of circumstantial evidence, in absence of direct or ocular evidence had neither been properly investigated nor made part of the record---Appeal against acquittal being bereft of any merits was dismissed, in circumstances.

Citation Name: 2024 YLR 1662 PESHAWAR-HIGH-COURTBookmark this Case State vs AKBAR KHAN Ss — 2024 YLR 1662 PESHAWAR-HIGH-COURT

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