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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.

36. This takes us to the telephonic conversation in which the two aforementioned cell phones with two IMEI numbers were used which create a complete link between the appellant and the crime. In this behalf the first witness is Altaf Hussain (PW-39) who was the BBC correspondent based in Srinagar and who claimed that sometimes the militant organizations used to give him information claiming responsibility of any terrorist acts. On 22.12.2000 he had received a call on his land line No.2452918. He deposed that the caller told him that the incident inside the Red Fort had been carried out by them and claimed in vernacular `do daane daal diye hain'. The caller also claimed himself to be belonging to Lashkar e Toiba. When he asked as to what it meant by Do daane daal diye hain, he was told by the caller that it was a Fidayeen attack and that they had attacked Army personnel. On this, the witness told the caller to contact Delhi BBC office and also gave the telephone number of BBC, Delhi to him. The wife of this witness Ms. Naznin Bandey (PW-40) also deposed that Mr. Altaf Hussain was her husband and the aforementioned telephone number 2452918 was in her name and the same was being used by her husband also. This call was made almost immediately after the attack which took place at about 9.25 p.m. His further evidence is that one Ayanjit Singh (PW-41) was a BBC correspondent in Delhi. Ayanjit Singh (PW-41) was having a telephone number 011 3355751 on which he received a telephone call between 9-9:30 p.m. and someone claiming to be belonging to Lashkar-e-Toiba told him that they had attacked the Red Fort. When the witness asked as to from where he was speaking, the witness was told by the caller that he was calling from inside the Red Fort. He also told that they had killed two persons. The caller refused to identify himself. This call remained for 2-3 minutes. Shri Satish Jacob (PW-150) corroborated this version of Ayanjit Singh (PW-41) to the effect that on 22.12.2000 about 9 p.m. Ayanjit Singh who was a Desk Editor in the Delhi office had received relevant call and had informed his colleagues also. He also confirmed that Altaf Hussain (PW-39) was the BBC correspondent in Srinagar. These call records were searched by the investigating agency and were duly proved by the prosecution. It has already come in the earlier part of the judgment that it was on 13.2.2001 that request for supply of information regarding mobile number 9811278510 was made vide letter Exhibit PW-230/K. By another letter Exhibit PW-230/N dated 27.1.2001, General Manager, MTNL was requested to give details of the subscribers of the telephone No. 011 3355751 which was the number of BBC Delhi, telephone No. 2720223 belonging to Farzana Faruqui and installed at Ghazipur at the residence of appellant and telephone No.6315904 belonging to Danish Mohd. Khan which was fixed at computer centre. The prosecution proved that letter and the records through the witnesses. It has come in the evidence that on 14.2.2001, the call details of 9811278510 were furnished along with cell ID list by way of letter Exhibit PW-198/E and those call details were also duly proved vide Exhibit PW- 198/B1-3. A further letter dated 20.2.2001 was proved by the prosecution to have been written to the General Manager, ESSAR cell phone for the information in respect of the aforesaid mobile instrument bearing IMEI No.445199440940240 and 44917340545120. In this letter, it was specifically asked as to against which mobile number the speed card No.0006680375 was activated. Rajiv Pandit (PW-198) deposed that the details were already furnished on 14.2.2001 in respect of 9811278510 while the speed card details of the No.0006680375 were not available in the records. The relevant documents are Exhibit PW-198/E in respect of cell No.9811242154. The evidence of Rajiv Pandit went almost unchallenged. His assertion that he, as a General Manager (Administration), of ESSAR Cell Phones had provided the relevant information of call details to Inspector Surender Sand in respect of mobile No.9811278510, has gone unchallenged. From his evidence, it stands proved that calls were made to BBC correspondent from cell No.9811278510 on 22.12.2000 at 9.27 p.m. and two calls were made to BBC, Delhi No.3355751 at 9.50 p.m. He also established that when the call was made, the location of caller, as per mobile details, was at Kashmere Gate whereas from the second call, the location was Chandni Chowk. This evidence is also corroborated by the evidence of Mohan Chand Sharma (PW-229) who located the two IMEI numbers mentioned above and he also confirmed that as per the information collected by him two calls were made to BBC offices one in Srinagar and one in Delhi. There is absolutely nothing to dis-believe this version and, therefore, it is clear that telephone No.9811278510 was used on the relevant date on 22.12.2000 for claiming the responsibility of the attack in Red Fort. When call was made the IMEI number was 449173405451240. This situation almost clinches the issue.

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.