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[Emphasis supplied]

67. Thirdly, the prosecutrix, inter alia, deposed that the accused No. 1 and Dr. Farukh showed her video film performing sexual intercourse on her by the accused No. 1 in mobile phone of the accused No. 1. The said mobile phone was seized by the IO and it was sent to FSL. A DVD containing all the materials in the mobile phone after retrieving the same was sent to this court. The DVD was played in the court. As some of the portions/files could not be played, so the official of FSL namely Dr. N.P. Waghmare who prepared the DVD was also summoned. He reported that he tried to operate the DVD but it could not run. There was nothing objectionable in the files which could be played. The Computer Forensic Unit in its report Ex.PW14/D mentioned that all the data retrieved from the memory card of the cell phone Nokia EMIE No.352012/04/274380/6 was given in DVD-R. After playing the DVD-R in the court nothing objectionable or obscene was noticed. This has further established that prosecution could not prove that the accused No. 1 with the help of Dr. Farukh either prepared obscene film by committing rape on the prosecutrix by the accused No. 1 or they showed the film to the prosecutrix. This, has further created doubt in the truthfulness of the prosecution case.