Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Mohd Zakir @ Mohd Zahir vs State (Govt Of Nct Of Delhi) on 20 February, 2019

Author: Hima Kohli

Bench: Hima Kohli, Manoj Kumar Ohri

$~3.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CRL.A. 728/2018
     MOHD ZAKIR @ MOHD ZAHIR                          ..... Appellant
                       Through: Mr. Anand Prakash, Advocate with
                       Mr. T.D. Keshav and Mr. Ajay Prakash,
                       Advocates, Mob. No.9999350146
                       versus
     STATE (GOVT OF NCT OF DELHI)                     ..... Respondent
                       Through: Ms. Aashaa Tiwari, APP for the State
                       with Insp. Rajesh Kumar, P.S. Kirti Nagar and
                       SI S. Singh, P.S. Amar Colony.
     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI
     HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
                       ORDER

% 20.02.2019

1. In the course of advancing arguments, Mr. Anand Prakash, learned counsel for the appellant has drawn our attention to the observations made by the learned Trial Court during the trial conducted on 05.01.2016, when the deposition of PW-30, Inspector Govind Sharma, was being recorded wherein the following was noted:-

"(At this stage, Ld. Addl. PP wants to play the CDs lying of judicial record in a yellow envelope, which is closed with cello tape bearing Court seal. Inspector Govind Sharma, IO has brought his laptop, however, playing of CDs on this laptop is being strongly objected by Ld. Defence counsel, who has raised a suspicion of some pre-loaded material in the said laptop, which may prejudice his defence. Ld. Defence Counsel has been asked to bring his own laptop to run the CDs to which he has replied that he does not carry any laptop. He has now been asked to call a laptop from any of his associates/colleagues. Ld. Counsel insisted to call the laptop from the FSL, which request of Ld. Defence Counsel cannot be acceded to).

(further examination in chief is deferred for running CDs)"

2. Learned counsel for the appellant contends that on the next date of hearing, i.e., on 20.10.2016, PW-30 had deposed that the faces of the accused and their scooter were clearly visible in the footage obtained from the hard disk of the CCTV installed at the residence of PW-7, Kuldeep Khera and PW-21, Rajiv Agnihotri; that CD-2 (Ex.PW30/19) contained four channels with three files in every channel and a total of 12 recordings and that the accused were not seen in the CCTV recording of CD-1 (Ex.PW30/18).

3. On watching File No.2 of channel No.6 in CD No.2, played on the laptop in Court, PW-30 stated that at 2:24:57, two boys were seen coming on a scooter with a bag between them and both of them were seen returning on the scooter at 2:26:05 without the bag, but their faces were not visible. PW-30 had further deposed that he had seen the live recording of the CCTV at the residence of PW-7 and PW-21 and at that time, the faces and the vehicle were visible and on the basis thereof, he could identify both the boys seen in CD-2 (Ex.PW30/19), channel No.7 of File No. 2 as the accused, Zakir and his brother, Sakir.

4. Since the trial court has not made any independent observations in respect of the 2 CDs in the order dated 20.10.2016 and we are informed that both the CDs are available as part of the trial court record, we directed the Court Master to open the envelope containing the CDs, bearing No.FSL- 2014-CFU-5120. The 3 CDs in separate covers were taken out of the said envelope. Two CD's are endorsed as bearing Ex.PW30/19 and Ex.No.30/18 (wrongly mentioned as Ex.18/30) and the 3rd CD with no endorsement is found to be chipped. Ex.No.30/18 was cracked.

5. We had summoned an officer from the IT Department of the Court who made efforts to play the CDs in the presence of the learned counsel for the appellant and the learned APP. File No.2 of Channel 6 of CD-2 (Ex.PW30/19) did show the recording and reveals two persons on a scooter coming from one end of the street at 2:24:57 hours and returning through the same location at 2:26:05 hours. Due to the blinding head light of the two- wheeler, the faces are not visible, but it is clear there were two persons riding on a scooter and there was a bag between them, hanging out from one side.

6. File No.2 of Channel 7 of CD No.2 did play till 2:22 hours, but it did not play any further. As PW-30 had deposed before the trial court that the two boys could be seen in that channel at 2:24:57 hours, it is deemed appropriate to direct the Director, FSL Rohini to nominate a Computer Forensic Expert in the Department to appear on the next date of hearing and assist the Court to access the data recorded in CD-2.

7. List before the Deputy Registrar tomorrow at 4:30 P.M. for re-sealing the envelope along with the 3 CDs in the presence of learned counsel for the parties.

8. List in court on 27.02.2019.

A copy of this order be given DASTI to learned APP for being served on the Director, FSL Rohini for perusal and compliance.

HIMA KOHLI, J MANOJ KUMAR OHRI, J FEBRUARY 20, 2019/na/rkb CRL.A. 728/2018 Page 3 of 3