Law: Criminal Procedure Code (V of 1898)

Section: 249-A/435,561-A

Law: Telegraphs Act, 1885

Section: 25-D

Law: Qanun-e-Shahadat (10 of 1984)

Section: 164

Crl. Misc. No. 61551-M of 2022, heard on 8.12.2022. Criminal Procedure Code, 1898 (V of 1898)-- ---Ss. 249-A/435 561-A--Telegraph Act, (XIII of 1885), S. 25-D--Qanun-e-Shahadat Order, (10 of 1984), Art. 164--Audio tape or video in evidence--Sole reliance of the prosecution in this case--Application filed by the petitioner u/S. 249-A of Code of Criminal Procedure, 1898 (Cr.P.C) was turned down--Criminal Revision filed against the order was dismissed--Except one Compact Disc (CD) of a Call Data which was allegedly procured by the police--The prosecution is not equipped with any other incriminating material/ evidence on record--Neither the mobile phone of the accused/petitioner from which the call was allegedly made nor the mobile phone of the complainant was taken into possession--No forensic report qua the veracity and genuineness of said C.D is available on record--No embargo has been imposed upon the accused to file such application seeking his acquittal at any stage--Neither cell phone or its subscriber Identity Module (SIM) nor the mobile phone of the complainant was taken into possession--C.D was prepared after copying the original voice from the mobile phone, it loses its authenticity--The preparation of this C.D, in any way, does not fulfill the criteria--Compact Disc having audio cannot be used against the petitioner as the same was not prepared/generated in view of the parameters--If the trial is allowed to proceed further that would be travesty of justice, sheer mis-use of process of law and wastage of precious time of Court--Petition filed by the petitioner u/S. 249-A, Cr.P.C. is allowed and trial proceedings before Trial Court are hereby quashed and the petitioner is acquitted of the charge.         [Pp. 595 596] A, B C Criminal Procedure Code, 1898 (V of 1898)-- ---Ss. 249-A/435--Qanun-e-Shahadat Order, (10 of 1984), Art. 164--Audio tape or video in evidence--Sole reliance of the prosecution in this case is, on the audio C.D--Criteria regarding admissibility of an audio tape or video in evidence before a Court of law and the mode and manner of proving same. [Pp. 596 597] D E PLD 2019 SC 675; PLD 2021 SCMR 1077 ref. JUDGMENT By…

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