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12. That in respect of the charge framed under Section 477-A IPC there is no evidence on record to show that the applicant has destroyed, altered, multilated or falsified any book, electronic record, paper, writing, valuable security or account or abetted in the doing of the same. Thus, no offence under Section 477-A IPC is made out against the applicant. It may be further pointed out here that thhe software in question was demonstrated and then the C.D. of the same was sealed as such there could not have been any manipulation in the software source code.
13. That there is no evidence on record in respect of offence under Section 65 IT Act, 2000. There is no allegation in the charge-sheet that the computer source code of the software relating to draw of lots, prepared or developed by the co-accused Alok Singh Chauhan, which was overseen by the applicant, was knowingly or intentionally concealed, destroyed or altered or knowingly or intentionally caused some other person to conceal, destroy or alter in the manner as provided by Section 65 of the IT Act, 2000.
19. That it may be submitted here that the original C.D. Of the software in question was sealed in the presence of the members of the committee and at no point of time was the seal tamper with, therefore, it cannot be said that at any point of time the software was tampered and the source code was changed.
20. That in order to know whether a particular computer source code has been tampered or not the first thing that is required to be done is to obtain the original version of the computer source code and the alleged tampered version of computer source code so that by comparison of the two, it could be ascertained whether both the versions are same of not. In the instant matter this exercise has not been performed by the CBI which further exposes the ignominious investigation of the case by CBI.