Recovery of mobile phones , SIMs and Call Data Record --- Inconsequential ---

Criminal Appeal No.1503/2023

Asif Ali etc vs The State and

another

2024 YLR 1099 

Recovery of mobile phones , SIMs and Call Data Record --- Inconsequential ---

So far as recovery of mobile phones , SIMs and C.D.R. was concerned , suffice it to say that ownership of said mobile phones had not been duly proved --- Documents issued by cellular company qua ownership of SIMs also could not be brought on record and proved --- Call Data Record merely showed of SIMs in presence territorial jurisdiction / area of cellular phone tower and not the person carrying the SIM and it also did not show that the persons using the same were present together- Mere Call Data Record without voice transcript was of no avail to the prosecution.

 When witness claims that he saw accused throwing unknown person in a canal, then after recovery of dead body of said person, identification of the same by said witness is necessary.

Criminal Appeal No.1503/2023

Asif Ali etc vs The State and

another

2024 YLR 1099