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28. As per the evidence of Inspector Mohan Chand Sharma (PW-229) he collected the call details of the said mobile number which was received in a computer installed in his office at Lodhi Road. He found that mobile phone number 9811278510 was constantly used from Zakir Nagar and at that time the IMEI number of the cell phone instrument used was 445199440940240. It was found that the said number was also used for making calls to Pakistan. However, from 11.12.2000, the IMEI number of the mobile phone No.9811278510 was changed to IMEI No.449173405451240. It transpired from the evidence that this IMEI number that the mobile phone number 9811278510 with the changed IMEI number had also made calls to landlines which were discovered to be belonging to BBC, Srinagar and BBC, Delhi. These calls were made almost immediately after the incident of shootout. This number was also used for making calls to Pakistan and pager number at Srinagar 01949696 and 0116315904. The latter number was found to be in the name of Mohd. Danish Khan at 18C, Gaffur Nagar i.e. the computer centre run by the accused appellant. It was also found that from this number calls were made to 0113969561 which was found to have been installed at the shop of one Sher Zaman who was allegedly an absconding accused and the Hawala operator. The analysis of call details of 9811278510 suggested that the said mobile number was used in two mobile instruments having the aforementioned IMEI numbers. This was done in case of cell number 9811278510 with IMEI number 445199440940240 only between 26.10.200 to 14.11.2000 and recovered instrument having IMEI No.4491731405451240 between 11.12.2000 to 23.12.2000. While scanning earlier IMEI No.445199440940240, it was found that one other mobile number 9811242154 was found to have been used in the said instrument. This instrument used mobile number 9811242154 between 22.7.2000 to 8.11.2000. From this, Shri Subramanium, learned Solicitor General urged that there were two mobile numbers, namely, 9811278510 and 9811242154 which were used and the two IMEI numbers namely 445199440940240 and 449173405451240. A pattern showed the use of the third number which was 0116315904, the number of computer centre. Shri Subramanium learned Solicitor General submitted the following data for our perusal:-

Learned Solicitor General provided the data regarding the telephone connection made by above number with the telephone connection of one Attruddin who was a proclaimed offender in Kashmir.

29. It is also apparent, as argued by the learned Solicitor General that number 9811242154 was constantly in touch with two numbers, namely, 0116315904 which was installed at 18C Gaffur Nagar computer centre and 011 2720223 installed in the name of Farzana, sister of Rehmana, the wife of accused at 308A, Janta Flats, Ghazipur. This number 9811242154 had thus a definite connection with mobile No.9811278510 and the two instruments bearing IMEI numbers mentioned earlier with each other. Therefore, these two points, namely, the computer centre and the flat at 308A, Janta Flat, Ghazipur were kept under observation. Relying on the evidence of Inspector Mohan Chand Sharma (PW-229), learned Solicitor General argued that calls made from No.9811242154 were between Zakir Nagar and Ghazipur. It was found that the location of the phone used to be at Ghazipur when the calls were made to that number from Zakir Nagar and the location of phone used to be at Zakir nagar when the calls were made from Ghazipur. Significantly enough, the `Knowledge Plus' computer centre remained closed for two days after the incident at Red Fort. The investigating agency came to know about the ownership of the `Knowledge Plus' computer center and it was established that the accused Mohd. Arif @ Ashfaq who was a resident of Ghazipur, owned this centre. All this evidence by Inspector Mohan Chand Sharma (PW-229) went unchallenged. The other witness who had produced the whole record was Rajiv Pandit (PW-98) who proved the call record and the report to the queries made to him by the investigating officer. Exhibit PW-98/A is the information in respect of the mobile number 9811278510 which was active from 26.10.2000 to 23.12.2000. While Exhibit PW-198/D is the information stating that IMEI number 449173405451240 was used by mobile number 9811278510 and that IMEI number 445199440940240 was used by both mobile numbers, namely, 9811278510 and 9811242154. There is hardly any cross-examination of this witness Rajiv Pandit (PW-198) to dis-believe his version. All this goes to suggest the definite connection between two IMEI numbers and the two mobile numbers named above. It is needless to mention that this analysis painstakingly made by Inspector Mohan Chand Sharma (PW-229) led the investigating team to zero on the accused appellant in the night of 25.12.2000.

37. The corroboration to the fact that a message was received by BBC Delhi telephonically regarding the attack on Red Fort on 22.12.2000 at about 9 O' Clock at night is to be found in the evidence of Satish Jacob (PW-150) who proved Exhibit PW-150/B. There is no cross examination of the witness on this aspect. The prosecution, therefore, is successful in establishing that the cell phone No.9811278510 was used for making the calls to Srinagar, BBC correspondent as also to the BBC correspondent in Delhi. In these calls, the caller who was handling that cell phone not only informed about the attack on the Red Fort but also owned the responsibility of Lashkar-e-Toiba therein. These call details have been proved by Rajiv Pandit (PW-198) whose evidence we have already referred to earlier, vide Exhibit PW 198/B1 to B3. The inter se connection in between this cell phone and cell phone No.9811242154 is also clearly established by the witness Rajiv Pandit (PW-198) on the basis of IMEI number used in that cell phone. He had also established that these calls to the BBC were made from the vicinity of the Red Fort. While the call to Srinagar was made from Chandni Chowk, the second call was made from behind the Red Fort. It has already come in the earlier discussion that the information received from the analysis of the cell phone records particularly of cell No. 9811242154 along with its IMEI number came very handy to the investigating team for further establishing the connection in between the landline telephones which were at the computer centre owned by the appellant at Ghazipur which number was in the name of his sister-in-law Farzana Farukhi and where the appellant lived with his wife Rehmana Farukhi. Ms. Jaiswal took us thoroughly through the cross examination of this witness and pointed out that on the basis of Exhibit PW-198/DA, there were some contradictory entries in Exhibit PW-198/DA and the other data proved by the witness. We are not impressed by this argument firstly because there is nothing to show that this is an authenticated document and though Ms. Jaiswal claimed that this document was supplied to the accused by the prosecution, there is nothing to support such a claim. We, have, therefore, no hesitation in rejecting Exhibit PW-198/DA. Ms. Jaiswal then pointed out that in Exhibit PW-198/E, there were certain discrepancies. The witness had actually explained those discrepancies by asserting "if the computer has reversed at some point, it may be due to technical fault". It is quite understandable that there could be some technical problems in the computer. We have gone through the whole cross examination very carefully but we do not find any reason to reject Exhibit PW-198/E. In our opinion, the insignificant irregularities brought in the cross examination would not call for rejection of the document and the evidence. We, therefore, accept that cell phone No.9811278510 was used at a very crucial point of time i.e. between 9 to 9.30 p.m. at night on the day when the attack took place at or about the same time on Red Fort wherein three innocent persons were killed. We also confirm the finding by the trial Court and the appellate Court that it was this mobile number which was found with the appellant when he was arrested. We have already held that the theory that this mobile number belonged to the prosecution and it was planted on the appellant is not only farfetched but totally un- believable. We have also explained the delay in recovery of this mobile number from the accused on the basis of its IMEI number. The other corroborating evidence connecting the two mobile numbers namely, 9811278510 and 9811242154 and the IMEI Nos.44519944090240 and 449173405451240 and their interconnection with phone No.011 3355751 of BBC, Delhi, 2452918 (BBC, Srinagar), 2720223 of Farzana Farukhi and phone No.6315904 at computer centre is to be found in the evidence of Rajiv Pandit (PW-198), Inspector Mohan Chand Sharma (PW-229) and Inspector S.K.Sand (PW-230). The attempt of the investigating agency in analyzing the call details of these two numbers succeeded in establishing the connection of these two numbers with the number of BBC correspondent at Srinagar, the number of BBC correspondent at Delhi, the number at Farzana Farukhi's residence and the number at the computer centre in the name of Danish Mohd. Khan. But for this careful and meticulous analysis which was of very high standards, it would not have been possible to apprehend the appellant and to de-code the intricate and complicated maze of the conspiracy. The timing of the calls made from this number to BBC Srinagar bearing number 0194452918 and BBC, Delhi bearing No.011 3355751 are significant. It will be seen that the calls made to Srinagar were at 7.41 p.m., 7.42 p.m. and 9.27 p.m. while the calls made to BBC, Delhi were at 9.25 p.m., 9.33 p.m. and again 9.33-45p.m. Again, while the calls to Srinagar were made from the front side of the Red Fort, the other calls were made from the back side of the Red Fort which establishes the presence of this mobile phone in close proximity to Red Fort when the calls were made. That is a very significant aspect.

38. All this evidence would leave no option for us except to accept the prosecution's contention that this cell phone No.9811278510 and the other phone No. 9811242154 as also the two IMEI numbers were extremely significant aspects.

39. The next circumstance which makes these mobile cell phones significant was the evidence of PW-229, Inspector Mohan Chand Sharma when he asserted that this mobile No.9811278510 was constantly used on 14.11.2000 from Zakir Nagar area. The witness claimed this on the basis of the cell ID. It is to be seen that when the said mobile was used its IMEI No. was 445199440940240 and the witness further asserted that during this period phone calls from this number were made to Pakistan. The witness explains that on 11.12.2000, the IMEI number was changed to 449173405451240 and a telephone call was made from this number to 0116315904 which is the landline number of computer centre run by the appellant. The making of the calls to Pakistan is extremely significant. This witness also explained in his evidence as to how on the basis of the cell ID and the call record of the two mobile cell phones, namely, 9811278510 and 9811242154 they zeroed on the location of the accused. This witness has explained that the earlier mentioned IMEI number 445199440940240 was also used in the second mobile number 9811242154. In his examination in chief, this witness has explained that the calls were received and made from and to this number 9811242154 from Zakir Nagar and Ghazipur. He also asserted in his conclusion that the cell ID of mobile number 9811242154 was at Zakir Nagar when the calls were made to Ghazipur and the cell ID was at Ghazipur when the calls were received on Zakir Nagar. This he said on the basis of the computer installed in their office. The witness also explained that the call details of the telephone number 9811242154 was collected from the official computer and he also proved the document Exhibit PW-229 A which data pertained to the period 22.7.2000 to 19.11.2000. He also connected the two telephones by saying that the calls were made on 8.9.2000 at about 11.37.53 hours to pager No.1949696 from both these mobile cell phones. He then asserted about the user of cell phone number 9811278510 on the day when the attack took place. He also established the connection of landline No.2720223 at Ghazipur which stood in the name of Farzana Farukhi and another number 6315904 which was a landline number at Knowledge Plus Computer Centre run by the appellant. It was on the basis of the caller ID that the investigating team zeroed on these two points. We do not see any reason to dis-believe this witness. The calls to Pakistan from the concerned numbers is a very significant circumstance particularly because the appellant is admittedly a Pakistani national and was staying in India unauthorizedly.