2023 MLD 1490
Call Data Record --- Accused was charged for committing murder of the mother of complainant after stealing away golden ear - rings and mobile phones --- Record showed that the Trial Court had marked the Call Record Data consisting of eight pages received by Police Constable / witness through an e - mail --- Call Detail Record did not contain the e - mail address of the sender or receiver , nor it contained the signatures of any representative of the service provider company from which the call details of the two mobile companies was secured --- Thus , the Call Detail Record had not been proved on record by the law --- Call Detail Record did not show in whose name the Mobile number stood registered --- Call Detail Record relied upon by the prosecution though otherwise not proved by the law , also did not support the version of the prosecution that the complainant had seen some woman knocking at the door of the house of the complainant's mother --- During cross - examination , Investigating Officer admitted that supplementary statement of complainant was recorded and in that supplementary statement there was no mention of any mobile phone , SIM number , or gold ornaments --- Since the prosecution had failed to lead any evidence on record about the persons in whose names those two mobile numbers were registered and working , the court could neither guess nor presume that one of those mobile numbers belonged to the accused and deceased --- Crucial evidence in the present case was the SIM of the deceased used by the accused in his mobile phone set --- Complainant's statement was conspicuously silent about the SIM numbers and makes and models of the cell phones that were stolen after the incident --- In the present case prosecution had placed on the record call details , which were marked --- Prosecution's case was based call details of the mobile phones but had failed to establish its case in the regard , as well - No official of the concerned mobile phone company was produced in the court , nor the call details of the mobile tones were proved on record --- Prosecution also failed to prove in se nates the mobile numbers were issued --- Prosecution had also failed to bring on record any link evidence , pointing out the accusing finger acainst the accused --- Circumstances established that the prosecution had failed to bring at home charge against the accused beyond any reasonable doubt ---
2023 MLD 1490
Recovery of stolen articles on the disclosure of accused --- Reliance --- Accused was charged for committing murder of the mother of complainant after stealing away golden ear - rings and mobile phones --- Prosecution relied on the disclosure statement of the accused leading to the recovery of stolen articles , i.e. , ear - rings , mobile phone and a SIM --- Admissibility of disclosure statement in terms of Art . 40 of the Qanun - e - Shahadat , 1984 , made to a Police Officer leading to the discovery of a fact depended on how the prosecution proved it --- Soon after the recovery the ear - rings and mobile phone , were not identified by the complainant in the police station in the presence of witnesses nor same were identified by him in Court --- Recovery was made after five months , five days , and that too from an open shop , and the bag from which recovery was effected was lying open by the side of a wall of the shop --- Recovery had not been made from any closed or concealed place but from an open area that was accessible to all and everyone , including those working and visiting the shop , which did not even belong to the accused , thus it was insufficient to bring the guilt home to the accused or to prove that he had the stolen goods --- Prosecution had failed to prove recovery of stolen properties belonging to the deceased , at the instance and from the accused
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