A bench of Justice Sudhir Jain made the remark when the bench was hearing the appeals of convicts Jitendra alias Cheeta, Azad alias Gaurav and Bharat Kumar Goswami, convicted by the trial court.The bench said that on the basis of call detail records, the prosecution has only been able to prove that the accused were present at the spot.The presence of the accused at the scene of the crime is not sufficient evidence to convict them.. Setting aside the trial court's order convicting the accused, the bench said that the call detail record can be an important and effective evidence But a person cannot be held guilty only on the basis of call detail record..The bench said that the call detail record can assist the investigating agency and the courts in tracing the presence of the perpetrators of a crime.Call detail records can be considered as ancillary or corroborative evidence But on the basis of this alone cannot be blamed.Call detail record proves the presence of the accused at the spot but it does not prove that the said accused were also involved in the commission of the crime.The bench set aside the judgment of the trial court convicting the said accused for the offense of dacoity but upheld the conviction and sentence of the trial court for other offences..
