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CC No. 02/2015
(C.B.I. Vs. Uday Shankar & Ors.)
Dated : 25.04.2017
accused persons were sent for analysis and comparison. In the considered
opinion of this court the testimony and report of PW15 that the voices in
the CD in question are the probable voices of the accused persons cannot
be relied upon to arrive at the finding that the telephonic conversations
intercepted by the investigating agency and those copied in the CD were
made by the accused persons only, because this expert PW15 Deepak
Tanwar in his crossexamination has admitted that the hard disc of the
computer system, i.e the voice logger machine - the recording device in
the present case was not sent to him for examination and no opinion was
sought from him to examine the CD in question to rule out the possibility
of its tampering. The said statements of the expert, in view of the judicial
dicta laid down by the Hon'ble Supreme Court in the case titled and
reported as Ram Singh Vs Col. Ram Singh, 1985 (Supp.) SCC 611 and
that laid down by the Hon'ble High Court in the case titled and reported
as Ashish Kumar Dubey Vs State through CBI (2014) 142 DRJ 396
Judgment in the matter of:-
CC No. 02/2015
(C.B.I. Vs. Uday Shankar & Ors.)
Dated : 25.04.2017
the CD and that this court must take into consideration the deposition of
PW 5 M.C. Kashyap that the very nature of the voice logger machine is
such that it cannot be tampered with and that therefore this court must not
insist upon the conditions laid down by the Hon'ble Supreme Court and
Hon'ble High Court in the judicial dicta referred to by the defence, cannot
be accepted for it was not the machine which was required to be sent for
its examination but it is the hard disc alone which had to be sent for
examination to the CFSL expert. It cannot be doubted that hard disc is a
device which is capable of being examined by an expert and since the
same was not sent for examination in the present case, it will have to be
in view of the judicial dicta laid down by the Hon'ble Delhi High Court in
Ashish Kumar Dubey's case that condition no. 3 laid down by the
Hon'ble Supreme Court in Ram Singh's case has not been satisfied.
Further in the considered opinion of this court it was for the CFSL expert
to have given an affirmative opinion in the court about the nature of the
Judgment in the matter of:-
CC No. 02/2015
(C.B.I. Vs. Uday Shankar & Ors.)
Dated : 25.04.2017
voice logger machine being impossible to be tampered with - infact on a
question put to him in his crossexamination he has merely deposed that
the hard disc of the voice logger machine was not sent to him for
examination. This court cannot accept the mere deposition of PW5 to
arrive at the said decision, keeping in view the admissions made by him
in his crossexamination that he has no knowledge about the software or
the hardware of the said voice logger system.
CC No. 02/2015
(C.B.I. Vs. Uday Shankar & Ors.)
Dated : 25.04.2017
intercepted mobile conversations through a voice logger machine, the
hard disc as well as the CD was sent to a CFSL expert at Andhra Pradesh
by the CBI for examination and certification that relevant intercepted
telephone calls copied on the CDs were infact tallying with the original
recordings of those calls in the hard disc and only thereafter was the CD
containing intercepted calls relied upon as a piece of evidence - Ld PP
has been unable to satisfy this court as to why the said exercise was not
followed in the present case., more so when the judicial dicta referred to
above makes it mandatory.