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5. The merchant copy (Ex.PW-13/B) and copy of the invoice (Ex.PW-13/C) of Rs.4,948/- was seized vide memo Ex.PW-13/A. This had the signature of the person who made the purchases. The signature was marked as „Q3‟. One music CD had been purchased from Planet M-4 Store for a sum of Rs.299/-. The merchant copy, Ex.PW-12/B and the invoice, Ex.PW-12/C were seized under memo Ex.PW-12/A. This merchant slip also had an original signature of the person purchasing the article which was marked as „Q7‟.

6. It was found that from Prem Watch Company, Sarojini Nagar a Timex Sports Watch for a sum of Rs.9,495/- had been purchased. The merchant slip Ex.PW-4/B and invoice PW-4/C were seized. There were CCTVs found installed at Prem Watch Company. PW-47 requested the Store Manager to provide the recording for the relevant period. The Store Manager, Krishan Gopal (PW-18) produced 2 CDs containing relevant CCTV footage as well as 7 photographs of the recording of the relevant period from the hard disc of the CCTV installation. The merchant slip, invoice, both the CDs as well as 7 photographs were seized vide memo Ex.PW-4/A. The merchant slip also bore the signature of the purchaser which was marked as „Q4‟. It also contained the mobile phone of the purchaser. It is stated that the CDs were themselves Ex.PW-18/A and Ex.PW-18/B. After the seizure, they were kept with a seal at the malkhana.

(vii) The purchases made by the accused at various stores using the debit card of the deceased stood fully proved. The further fact that the goods/articles purchased in the shop were recovered from the one or the other accused satisfactorily proved the case of the prosecution in this regard.

(viii) The delay in obtaining the hard disc of the CCTV footage from Prem Watch Company (till 8th April 2010) would not ipso facto lead to the conclusion that the hard disc was tampered. Even when the hard disc was played in the Court, it did not reveal any tampering. Since the primary evidence in the form of hard disc was produced there was no need for a certificate under Section 65B of the Indian Evidence Act 1872 (IEA). The hard disc clearly showed all three accused were seen entering the shop. The witnesses from the Prem Watch Company also identified the accused in the Court. The voucher and charge slips obtained from the shop mentioning the name of the deceased. The articles purchased were duly identified in the TIP by PWs.

52. It was then sought to be contended that only the photographs and not the hard disk were not part of the charge sheet. It was further contended that the hard disc was played in the trial Court only at the end of the trial and therefore the accused had no opportunity to counter it. The above objections do not appear to have been taken before the trial Court at any time during the course of the trial. Moreover the same hard disc was again played before this Court in the presence of counsel. The footage was clear and unmistakably showed the presence of the three accused at the above shop. It is indeed a clinching piece of corroborative evidence.