FAZAL MEHMOOD vs STATE — 2026 SCMR 350 SUPREME-COURT

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FAZAL MEHMOOD VS STATE. S.302(b)---Qatl-i-amd---Re-appraisal of evidence---CCTV footage on the record---Inconsequential. The prosecution relied upon CCTV footage to establish the petitioner's involvement in the occurrence. The Supreme Court observed that no site plan had been produced demonstrating that the camera covered the place of occurrence. There was no proof regarding continuous recording, synchronization of time, authenticity of the recording system or absence of editing, alteration or overlays. No forensic examination was conducted to verify the genuineness or integrity of the footage. The footage itself was inconclusive. Owing to poor resolution, unsuitable camera angles and inadequate lighting, it did not permit positive identification of the petitioner beyond reasonable doubt. It neither depicted the actual commission of the offence nor showed the alleged weapon. At the highest, it merely suggested the petitioner's presence in a common area, which was a neutral circumstance. The testimony of prosecution witnesses concerning the CCTV footage was also materially inconsistent. One witness stated that the footage merely showed the petitioner carrying a heavy object which could not be identified because of darkness, whereas other witnesses asserted that the footage clearly showed him carrying a cement block. These contradictory depositions substantially weakened the prosecution case. The Court also noted that whenever the USB device containing the CCTV footage was played before the Trial Court, the computer repeatedly indicated that it was infected with a virus. The CCTV evidence was therefore held to be unreliable and incapable of sustaining conviction. The petition was converted into an appeal, the appeal was allowed and the petitioner was acquitted.

FAZAL MEHMOOD vs STATE — 2026 SCMR 350 SUPREME-COURT

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