کال ڈیٹا ریکارڈ(CDR) کے ذریعے کالرز کی کسی مخصوص مقام پر موجودگی کا درست طور تعین نہ کیا جاسکتا ہے۔ CDRs کے ذریعے صرف کال کے وقت اور موبائل ٹاور جسکی رینج سے وہ کال کی گئی ہو کا پتہ چلا سکتا ہے

Law Blogger November 15, 2024

Though CDR can tell about receiving a call by or making a call from a SIM at a particular time in the territorial area/range of a cellular tower which area usually comprises of sizeable magnitude but CDR cannot tell exact point/locale of availability of the SIM in said area, hence not helpful to determine (naeem)exact point of presence of user of the SIM in geographical/territorial area of range of the tower. Though CDR can tell about receiving a call by or making a call from a SIM at a particular time in the territorial area/range of a cellular tower which area usually comprises of sizeable magnitude but CDR cannot tell exact point/locale of availability of the SIM in said area, hence not (naeem)helpful to determine exact point of presence of user of the SIM in geographical/territorial area of range of the tower.

The Call Data Record = Call Detail Record herein after being referred as CDR is the record generated by telecommunication companies for every call made or received on its network, it includes phone numbers involved, date, time and duration of the call as well as detail of telecommunication/cellular tower in whose territorial range, SIM (Subscriber Identity Module) received or made the (naeem)call, needless to add that range of cellular tower comprises of sizeable area.

As far as production of CDR in the trial of criminal case for proving or disproving the presence of any witness at some place is concerned, it is relevant to mention here that if said witness is owner of the SIM i.e. same is registered in his name, it was operational/functional in his cell/mobile phone, he (naeem)made or received phone call through said SIM and his forensically analysed voice record transcript/end to end audio or video recording is available, then availability of said SIM and its use at that particular time i.e. of making/receiving phone call in territorial range of cellular tower of said company can be assessed and ascertained, however, even then exact point/locale of availability of the SIM and person using the same in the territorial range of said cellular tower, which range usually comprises of considerable area, cannot be ascertained through CDR.

So, in absence of forensically analysed voice record transcript/ end to end (naeem)audio or video recording, mere production of CDR is of no avail/help to establish presence of any person even in territorial area/range of cellular tower.

It is not uncommon/unusual in our system that some time witness makes concessional statement (naeem)against the record as well as case of prosecution for extending undue benefit to the accused. Mere concessional statement of any witness that he was having mobile phone number with him at relevant time without proof that SIM was registered in his name and without forensically analysed voice record transcript of call made or received by said witness, is of no avail and same cannot be made basis for summoning the CDR as it would be of no help for just decision of the case.