Document Fragment View
Fragment Information
Showing contexts for: cd transcript in Cc No.10/2019 State vs . Dilip Singh Chauhan Etc. on 31 March, 2021Matching Fragments
19. PW9 HC Vijender Tyagi deposed that on 25.04.2011, he had deposited a sealed puallanda alongwith the carbon copy of seizure memo with the MHC(M), PS Jahangirpuri which was handed over by ACP Mahinder Singh.
20. PW10 Insp. Rakesh Kumar had collected the FSL form alongwith forwarding letter addressed to Truth Lab, Safdarjang from MHC(M) and deposited the same at Truth Lab, Safdarjang.
21. PW11 ACP L.C. Yadav deposed that he was posted at Vigilance Branch as Inspector and was associated with the IO during investigation of this case. He further deposed that on 07.04.2011, Ratan Lal has produced one audio CD which was played on the computer system and Ratan Lal identified his voice as well as voice of Smt. Ansaro. The CD was thereafter, seized vide Ex.PW20/H and sealed. He further deposed that on 15.04.2011, Ratan Lal and Uma Shankar had come to Vigilance Branch and Uma Shankar produced 10 photographs MarkPW19/A1 to PWA10 pertaining to Anil Gupta, girl "R" and family of Anil Gupta which were seized vide memo Ex.PW29/A. Again on 25.04.2011, Uma Shankar has produced another CD which was also played on computer system and Uma Shankar had identified voice of girl "R", Uma Shankar CC No.10/2019 State Vs. Dilip Singh Chauhan etc. and one Raj Kumar and the said CD was seized vide memo Ex.PW25/A. He further deposed that on 06.05.2011, he alongwith IO and Ratan Lal had gone to Ashok Vihar at shop namely Tyre Station and Ratan Lal had told the IO that the tyres were purchased from the said shop for the purpose of installing the same in the vehicle of some police official at the instance of accused Dilip Singh Chauhan. The photocopy of bill/cash memo was seized by the IO vide Ex.PW25/B. He further deposed that on 13.06.2011, one Ved Prakash, owner of car registration no. 1568 has produced photocopy of the RC of the car as well as details of five tyres and the booking receipt of the car and all these documents were seized by the IO vide memo Ex.PW11/E. Again on 09.04.2012, he had joined the investigation with the IO when Insp. S.N. Rajoja has produced one CD alongwith transcript of conversation. The CD was played and seized and sealed vide memo Ex.PW11/F. The transcript is Ex.PW14/C. On 25.04.2012, Uma Shankar has produced original chip/memory card which was containing the original recording of the conversation between Raj Kumar, girl "R"
56. PW29 was not crossexamined by Ld. Counsel for accused S.B. Yadav.
57. PW30 Insp. Shriniwas Rajora deposed that on 21.03.2011, he was posted at Vigilance Branch, Asaf Ali Road and on that day at around 12:30 PM, he had recorded the conversation between Joint C.P. Sh. N. Dilip Kumar, Addl. C.P. Garima Bhatnagar and ACP CC No.10/2019 State Vs. Dilip Singh Chauhan etc. Jai Bhagwan in the office of Joint C.P. with the help of a voice recorder arranged from the office of Joint C.P. He further deposed that he had prepared a CD and its transcript from the voice recorder in the office of Joint C.P. on his computer. He further deposed that on 09.04.2012, he handed over aforesaid CD and transcript to IO ACP Mahender Singh Dabas in the office of Vigilance Investigation Unit, vide seizure memo Ex.PW11/F. During his examination in chief in the court, PW30 has identified the CD Ex.PW30/A and the transcription Ex.PW14/C. He further deposed that before preparing parcel of the aforesaid CD, IO had prepared one copy of the aforesaid CD for the investigation/operational purpose.
61. PW33 Retired ACP Jagbir Singh Malik deposed that on 21.06.2011, while he was posted at VIU, Vigilance as ACP, the investigation of the present case FIR was assigned to him. He further deposed that during the course of investigation, he collected the report Ex.PW15/A including enclosures Ex.PW15/B and covering letter Ex.PW15/C from the truth lab. He further deposed that he had seized the CD and transcription produced by Insp.
Page 49 of 165104. Similarly, it is argued that in the CD Ex.P2 allegedly containing the conversation between Uma Shankar, girl "R" and Raj Kumar, the date of modification of the files is 24.02.2011. Moreover, the original recording device was not seized or sent for forensic examination nor certificate under section 65B Indian Evidence Act was obtained from PW29 Uma Shankar. The chip containing the original recording was obtained from Uma Shankar on 25.04.2012 i.e. after almost one year. Moreover, as per the properties of the files, all the files were dated 24.02.2011 in the CD Ex.P2. The chip Ex.P3 was not sent for any forensic examination. It is argued that the possibility of tampering or manipulation cannot be ruled out as the CD remained in the possession of Uma Shankar in unsealed condition for about three months. As far as the CD and transcript produced by PW30 Insp. Sri Niwas Rajora is concerned, PW30 accepted that the CD was lying in the almirah of Joint C.P. from 21.03.2011 to 09.04.2012. The CD was seized by the IO PW CC No.10/2019 State Vs. Dilip Singh Chauhan etc. 33 on 09.04.2012 vide Ex.PW11/F but was not sent for any forensic examination and hence the possibility of tampering has not been ruled out in respect of the CD produced by PW30 Sri Niwas Rajora. Thus, the said CD Ex.PW30/A is inadmissible in evidence. Moreover, the same does not contain the voice of any of the accused persons.