Mere Movement Of SIM Doesn’t Prove traveling with Accused: Punjab & Haryana HC

Mere Movement Of SIM Doesn’t Prove traveling with Accused: Punjab & Haryana HC 



A bench comprising Justice AB Chaudhari and Justice Kuldip Singh asserted, “To repeat, the prosecution cannot claim that by movement of SIM cards from one place to another, that it has also proved the movement of the persons allegedly using the SIM cards in respect of which call details have been produced on record nor that a particular person was moving. 

The prosecution wants this Court to draw inference that if the call details shows the movement of SIM cards from one place to another, necessarily, the accused persons must be held to have moved along with SIM cards. We find that the submission is fallacious and misconceived.”

The bench was hearing appeals challenging a judgment passed in March, 2012 by the Additional Sessions Judge, Patiala, who convicted four people under Sections 120-B (criminal conspiracy), 313 (causing miscarriage without woman’s consent), 365 (abduction) and 344 (wrongful confinement for ten or more days) of the Indian Penal Code.

This Judgment is setback to investigating agencies, that mere movement of SIM card would not be sufficient to prove the movement of the person allegedly using the SIM card.

Court allowed the appeal and acquitted accused. 

Source: Live Law



 

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