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to FSL but only recordings were extracted, without such recordings being compared with the voice samples of accused and the complainant. In such scenario, the extracted recordings of the mobile phone will not help the prosecution. Moreover, PW14 DCP Uma Shankar in his testimony has deposed that in such recording, no passersby can be seen. Only voice could be heard, which were not compared with the voice samples obtained. It is also stated by him that he had not taken the hash value of mobile phone before its seizure.

C.9 Even the reliability of Ex.PW12/A depletes for the reasons that the original DVR was not sent to FSL, the recordings were made by the complainant in CDs, without any hash value, meta data etc. Thus, the authenticity and the integrity of the CDs Ex.3 and Ex.4 is doubtful and does not meet the standard for reliability of electronic evidence.

C.10 In the instant case, the prosecution has relied upon electronic evidence to prove its case beyond the reasonable doubt. The evidence being extracted recordings in CDs from CCTV footage and mobile recordings. However, the prosecution has miserably failed to prove the authenticity and integrity of the electronic evidence relied upon by it. The primary evidence i.e. DVR of CCTV footage of both the recordings was never seized by the police officials and only extracted recordings were part of the charge-sheet.

FIR No. 427/17. State Vs. Rajbala.

PS Palam Village.                                              Page No. 36 of 41.

                         SHIVALI         Digitally signed by
                                         SHIVALI BANSAL

                         BANSAL          Date: 2025.12.19
                                         15:41:26 +0530

These extracted recordings were without any hash value, meta data, log book etc. In such scenario, it is not safe to rely upon the electronic evidence produced by the prosecution.