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7.3 Ld. Defence counsel has further argued that there are contradictions w.r.t the conversations recorded in the Micro SD cards. According to Ex. PW-5/B on 21.07.2017 at 10.51 AM accused answered the call which was recorded in Micro SD card. Another call was also recorded in the Micro SD card through DVR after 11.20 AM and thereafter, DVR was handed over to complainant and conversation between complainant and accused was recorded in Micro SD Card which was marked as Q-1. He argued that as per Ex. PW-5/H-1 and Ex. PW-5/D on 29.07.2017 telephonic conversation at 11.20 AM was recorded in the Micro SD card which was marked as Q-2 and DVR was handed over to complainant and after 12.10 PM the conversation recorded therein till the accused was arrested near tea stall prior to 02.15 PM were recorded in the said memory card. He further argued that as per Ex. PW-5/D, Micro SD card Q-2 was sealed in the brown envelop and after sealing of Q-2, the recorded conversation was played with the help of DVR and some lines were noted for taking specimen voice of the accused. He also submitted that a memory card containing conversation between complainant and accused transpired on 28.07.2017 and 29.07.2017 was seized along with certificate u/s 65-B issued by complainant Ex. PW-5/G. He argued that as per Ex. PW-7/A to Ex. PW- 7/D copies of Q-1, Q-2, Q-3 and S-1 were prepared and sent to CFSL along with Micro SD card and as per Ex. PW-5/H-2 and Ex. PW-5/H multiple transcriptions were prepared which were signed by the witnesses. Ld. Counsel for the accused has argued that Ex. PW-5/D does not claim that prior to sealing of Q-2, any copy was made for the purpose of investigation. PW-5 in his examination in chief also does not say anything about recording having been made by him either on his own or at the instance of CBI. He was declared hostile and thereafter he admitted the suggestions put to him to the said effect. Ld. Counsel has also argued that during the examination in chief of PW-11 and PW-13 and in cross examination of PW-5, the Micro SD cards were played and properties/path of Micro SD cards were found in the deposition of these witnesses but it has not been explained by the prosecution as to how each of the respective folders was made within a folder and how does respective folders, audio files stood modified. Ld. Counsel has also argued that since Micro SD card Q-2 was sealed on the spot as claimed in Ex. PW-5/D and no copy thereof was prepared, the possibility of hearing the conversation could not arise. He also argued that Ex. PW-5/D was prepared more than seven hours after the apprehension of the accused and PW-16 does not recall the correct sequence of event. There is also no explanation as to why Micro SD cards Q-1, Q-2, Q-3 and S-1 were directed to be handled by PW-7 who is not an expert u/s 45-A of Indian Evidence Act nor he is competent authority u/s 79-A under IT Act, 2000. PW-7 did not calculate any hash value of the data received vide Micro SD cards or the hash value of the data sent back in the form of Micro SD cards or copies thereof. No certificate u/s 65-B of Indian Evidence Act qua each of the transcripts which were prepared from copies of Micro SD Cards has been placed on record despite objection being taken by the accused during the deposition of PW-7. It was argued that the projected electronic data i.e. Q-1, Q-2, Q-3 and S-1 and their transcript is not admissible in evidence and thus cannot be relied upon.
25. Another limb of argument made by Ld. Defence counsel regarding electronic evidence produced by the prosecution is that the Micro SD cards are not examined by the expert witnesses u/s 45-A of Indian Evi- dence Act. No hash value of the data received has been given by PW-7 and Ex. PW-5/D (D-6) does not claim that prior to sealing of the Micro SD Card Q-2, any copy for purpose of investigation was made. There is no explanation as to how the folders were made within folders and how does respective folders and audio files stood modified. Hence, there is apprehension of tampering of the Micro SD cards.