Delhi High Court - Orders
Ms. X vs State on 17 January, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 81/2022 and Crl.M.A. No. 883/2022
MS. X ..... Petitioner
Through: Mr.Dhruva Bhagat, Advocate
versus
STATE ..... Respondent
Through: Ms.Richa Kapoor, ASC for State
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 17.01.2022 (Through Video Conferencing) The petitioner vide the present petition makes the following prayers:
"a. Issue Writ of Certiorari whereby setting aside the order dated 12.10.2021 passed by ASJ-01, special court POCSO Patiala House Court in case FIR 129/2020 PS Special Cell.
b. Issue Writ of Mandamus directing the respondent to supply the digital data/backup given by the Forensic Science Lab (FSL) vis-a-vis the main accused i.e. Mr Arsh Aggarwal in the present case FIR 129/2020 PS Special Cell to the petitioner.
c. To direct the Respondent to safeguard the privacy, dignity, respect, life & Liberty of the Petitioner, as guaranteed under the Constitution of India 1950.
d. Pass any other or further order(s) which this Hon 'ble Court deem fit and proper in the facts and circumstances of the present case be allowed in favour of the petitioner and against the Respondents."
Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:19.01.2022 11:33Vide the impugned order dated 12.10.2021 of the Court of the learned Additional Sessions Judge -01 (Special Court, POCSO) it has inter alia been observed to the effect:
" 1. The relevant part of the reply of IO is reproduced below:-
" ..................... that during investigation one mobile phone, one Laptop and one hard disk pertaining to the accused Arsh Aggarwal was seized from his house and the exhibits were deposited in FSL/Rohini, New Delhi for data extraction. FSL/Rohini provide the data extracted from the abovesaid exhibits which is almost 04 TB of data.
During investigation, the extracted data was analysed with the help of cyber experts at CyPAD and nothing incriminating pertaining to the Complainant could be found in the extracted data provided by FSL/Rohini, New Delhi. During investigation the Complainant father Sh. Vikas Manaktala visited office of CyPAD/Special and met undersigned and I show him the content of the extracted data. Moreover, Complainant's father Sh. Vikas Manaktala himself searched the extracted data provided by FSL/Rohini, New Delhi and nothing incriminating pertaining to the Complainant could be found in the extracted data. After analysis of the extracted data Supplementary Chargesheet has been filed against the accused Arsh Aggarwal.
The extracted data contains data such as - pictures, personal as well as business-related data/information of the accused which could not be given to a third party. In view of the above, the data extracted by FSL/Rohini, New Delhi from the exhibits seized from the accused Arsh Aggarwal could not be given to the Complainant."
2. Thus, from the aforesaid reply of the IO it is clear that nothing incriminating. pertaining to the complainant, was found in the extracted data and that after analysis of the extracted data, supplementary chargesheet has been filed against the accused Arsh Aggarwal."
It has been submitted at the outset on behalf of the petitioner that the Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:19.01.2022 11:33 queries that had been put to the FSL were to the effect:
" NATURE OF EXAMINATION REQUIRED
5. Provide details of the apps /tools which exists or deleted in the Exhibit No.1, 2 & 3.
6. Provide data of all types e.g. SMS, image, text, WhatsApp chats, email, Excel data, audio, videos, multimedia, Facebook messenger chats, Facebook, lnstagram accounts pages details if any ? Chat history of all other chatting apps as available in exhibit No1, 2 & 3 including the existing or deleted data, provide its copy, detail of location, creation, access.
7. Whether any Vulgar/Obscene image/photo/pictures/videos exist or available in the Exhibit No.1, 2 & 3 including the deleted; data in the Exhibit No.11, 2 & 3 ? If yes, provide the relevant copies of those pages or that data in a pen drive please
8. Any other useful information which may assist the investigation may also be supplied.", as mentioned in the letter of the Inspector Cyber Cell, Crime Unit, CYPAD Special Cell, Delhi, vide Memo No. 801/R-ACP/CyPAD/Spl. Cell/New Delhi dated 12.6.2020.
As per the response received vide letter dated 30.7.2021 from the FSL Sector-14 Rohini, Report No. SFSL(DLH)/ 3428/ CO/ 494/20 dated 30.07.2021 it is stated to the effect:
" 1. DESCRIPTION OF PARCEL (S):
One sealed white cloth parcel sealed with the seal of MK at 02 places. Seal impressions on. The parcels were intact and tallied with the specimen seal as per forwarding letter (FSL FORM).
Parcel Description of Exhibit(s) No. contained in parcel (s) 01 One sealed white cloth parcel contained following articles:
I. One Apple MacBook Pro (Model No: A1502) bearing S/No. "C02NM60TG3QH"Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:19.01.2022 11:33
marked "LT1" and its SanDisk made solid state drive (SSD) bearing S/No: "1441CN438663"
of 128GB capacity marked "HDD1" in the laboratory.
ii. One Seagate made hard disk drive bearing S/No:
''NA5G1H7D" of 1.5TB capacity marked "HDD2" in the laboratory.
iii. One iPhone bearing IMEI No: "356727082706407" on its SIM Tray marked "MP1" and its SIM Card(Airtel) bearing No. "8991000900206477435U"
marked "SC1" in the laboratory.
The exhibit solid state drive marked "HDD1" was forensically imaged on a sterile storage media through Forensic Falcon neo duplicator and the imaged storage data were analysed by using Recover my Files v6. The data (including obscene image and video files) which could be retrieved from the exhibit "HDD1" are provided in a sterile hard disk drive vide Annexure "SHDD1" with folder named "HDD1-DATA".
2. The exhibit hard disk drive marked "HDD2" was forensically imaged on a sterile storage media through Forensic Falcon neo duplicator and the imaged storage data were analyzed by using Recover my Files v6. The data (including obscene image and video files) which could be retrieved from the exhibit "HDD2" are provided in same hard disk drive vide Annexure "SHDD1" with folder named "HDD2-DATA".
3. The exhibit Mobile Phone marked "MP1" was forensically analyzed by using Universal Forensic Extraction Device (UFED). The data (including obscene image and video files) which could be retrieved from the exhibit "MP1" with detailed report is also provided in same hard disk drive vide Annexure-
"SHDD1" with folder named "REPORT OF MP1".Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:19.01.2022 11:33
4. The exhibit SIM Card marked "SC1" was forensically analyzed by using Universal Forensic Extraction Device (UFED). But no data could be retrieved from the exhibit "SC1" in the laboratory."
As per the said response through paragraphs 1, 2 and 3 of this letter dated 30.07.2021 data including obscene image and video files were stated apparently to have been retrieved. In view thereof the response of the State be filed to this petition inclusive of the report in relation to the specific data as mentioned in paragraphs 1, 2 and 3 of the letter received from the FSL dated 30.7.2021.
The matter be renotified for the date 2.3.2022.
ANU MALHOTRA, J JANUARY 17, 2022/SV Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:19.01.2022 11:33