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FACTS OF THE CASE AS PER CBI CHARGE-SHEET On 14.03.2006, a Crime Case No.20 of 2006 was registered 44 of 140 CRA-S Nos.2903-SB, 2901-SB, 2945-SB, and 2668-SB of 2018 (O&M) CASE HEARD THROUGH VIDEO CONFERENCING in Police Station Shaheed Ganj, District Srinagar under Section 67 of the IT Act, with the allegation that a fruit vendor namely Bashir Ahmad Paffoo has received a pornography clipping through an unknown boy containing obscene filming of a girl belonging to their vicinity and this was followed by a protest by the local residents. The police thereafter, arrested 06 persons namely Shabbir Ahmad Laway @ Shabbir Kala (A-

1). Again after one week, PW1 (W-1) went to the house of Sabeena (A-

8) where she had sexual intercourse with a person for which Sabeena (A-8) again paid her Rs.250/- and in this manner, a minor girl i.e. PW1 (W-1) was introduced into the flesh trade by accused Sabeena (A-8), when she was 13 years of age and she remained in the flesh trade till January, 2006.

The CBI investigation further revealed that one Ansar got the pornography clipping of PW1 (W-1) and one another unknown girl on his mobile phone. He had shown these clippings to one Firdaus, who was living in his vicinity and also handed over a memory card to him.

46 of 140 CRA-S Nos.2903-SB, 2901-SB, 2945-SB, and 2668-SB of 2018 (O&M) CASE HEARD THROUGH VIDEO CONFERENCING Firdaus had further shown the same to the members of a Samaj Sudhar Committee and on enquiry, the members found that one of the clipping, containing pornography filming of a girl in a naked condition, is of a girl who lives in their area and they identified the girl as PW1 (W-1). The members of the Samaj Sudhar Committee approached the police and for that purpose, they contacted one boy namely Mudassar, who was studying in BCA to prepare still photographs of the said clippings so that they can pass on the same to the police for taking necessary action. However, Mudassar told them that he can only prepared Compact Disct (CD) of the clippings and after the memory card was handed over to Mudassar, he prepared 03 CDs and handed over the same to one Habibullah, a member of the Samaj Sudhar Committee. Out of the 03 CDs, 02 CDs were handed over to the police and 01 CD was retained by the Committee for record. Later on, the 3 rd copy of the CD was also taken over by CBI. To avoid the disclosure of the identity of Ansar, the member of the Committee informed the police that he is a fruit vendor Bashir Ahmad Paffoo, who has received the CD from an unknown boy. Further investigation reveal that Ansar Ahmad received this pornography clipping from M/s. Al-Riyaz, Mobile Phone Shop in Khaniyar and owner of the same Tahir had downloaded the same from the mobile phone of one Mushtaq Ahmad Latha, who has further received it from one Shakeel Ahmad Bhat. Shakeel Ahmad Bhat told that he had received this clipping from one Farooq Ahmad Lone, who is a tourist guide and he received it from one Irshad Ahmad Sheikh. On further investigation, Irshad Ahmad Sheikh told that he came across one driver at Gulmarg, who forwarded the same to him in the month of 47 of 140 CRA-S Nos.2903-SB, 2901-SB, 2945-SB, and 2668-SB of 2018 (O&M) CASE HEARD THROUGH VIDEO CONFERENCING February, 2006 from his mobile phone. Irshad further claim that after transferring the clipping in the phone of Farooq Ahmad Lone, he had deleted it.