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3) The investigation was handed over to Insp. Satender Vashisht. On 02.03.2016 the complainant handed over a micro SD card containing the recording dated 11.11.2015 and 20.11.2015 alongwith two copies of the recording in video CD alongwith transcription of the recording, which was seized by the IO in the presence of panch witness Sh. Satish Kumar. The same was deposited in the malkhana at PS Civil Lines. The aforesaid exhibit i.e. one micro SD card, two CDs marked as CD-1 and CD-II alongwith sample seal were sent to FSL Rohini. The FSL result was obtained on 19.07.2017, as per which there was no indication of alteration in the video files on the basis of frame- by-frame analysis. Subsequently, the voice samples of accused HC Harpal Singh, Rajbir Singh and ASI Jai Bhagwan were taken at FSL Rohini in the presence of panch witness Omvir Singh and were seized by the IO and deposited in the malkhana. Subsequently, the exhibits i.e. one micro SD card, two CDs and voice samples of all the three accused persons were sent to FSL Rohini for evaluation and analysis. The FSL result was obtained on 24.05.2018 as per which the voice of speaker Marked -Q1 and Q3 in the questioned recording was stated to be the voice of same person i.e. Rajbir and Harpal respectively. The voice of speaker Marked-Q2 in the questioned recording and the sample voice of accused Jai Bhagwan was stated to be possible voice of same person i.e. Jai Bhagwan.

xxiv) PW24 Insp. Praveen Kumar - fourth IO deposed that on 22.11.2018, further investigation of this case was marked to him and he recorded statements of the witnesses U/s 161 Cr.P.C. He further deposed that on 22.05.2019, he called driver Arvind, conductor Parvinder and complainant Parmod in his ACB office and recorded their statements U/s 161 Cr.P.C. He collected self attested copy of RC Ex.PW2/G of the vehicle which was involved in this case from the complainant Parmod Kumar. He took the bonds from driver Arvind, conductor Parvinder and complainant Parmod U/s 170.2 Cr.P.C. Ex.PW24/A, Ex.PW24/B and Ex.PW24/C respectively for their appearance in the court. PW24 further deposed that he again called complainant Parmod in ACB office on 23.09.2019 and got verified the transcriptions Ex. PW2/E and Ex. PW2/F from him, in the presence of panch witness Lal Babu. PW24 further deposed that transcription of one spare CD Ex.PW12/Article-1, was also played on desktop computer and the complainant also heard the same and stated that the above mentioned transcript was of this CD. CD Ex.PW12/Article-1 was played on the computer and heard by PW24, who stated that this the same CD which was played by him on 23.09.2019 and was heard by complainant Parmod Kumar in the presence of panch witness Lal Babu. xxiv.a) PW24 further deposed that on 19.11.2019, he took the panch witness Naveen and the complainant Parmod to FSL, Rohini where voice sample of complainant Parmod Kumar was taken and it was recorded in one audio cassette and one copy of same, and both audio cassettes were separately kept in two envelopes, sealed and seized vide seizure memo Ex.PW2/H. PW24 further deposed that on 11.12.2019, he got deposited the exhibits with FSL through ASI Mukesh vide RC no. 207/19. He collected FSL result during investigation.

81) During investigation, the complainant handed over the transcription Ex. PW2/E of the incident dated 11.11.2015 to the IO on 02.03.2016 alongwith the audio video recordings. In his cross-examination the complainant stated that the said transcript was prepared by him with the help of his son Aditya on his computer. His son, who had typed the transcription never joined the investigation. PW2 denied the suggestion that the transcript Ex. PW2/E was not in accordance with the recordings. It may be noted that no further transcript of the recordings was prepared by the IO during investigation and the initial transcript Ex. PW2/E, which was handed over by the complainant with his complaint has been relied upon by the prosecution. It is deposed by Insp. Praveen Kumar PW24 that on 23.09.2019 he called the complainant at ACB Office and got verified the transcription from him and again obtained his signatures on the last page of transcription dated 11.11.2015. He further deposed that the panch witness Lal Babu also verified the said transcript and appended his signatures thereon. In this regard, PW12 Lal Babu Bhagat deposed that Insp. Praveen played on CD on his office computer and showed him the transcript and the contents of CD were similar to the contents of the transcript. He identified the CD played before him as Ex. PW12/Article-1. In his cross- examination PW24 Insp. Praveen Kumar deposed that he had never met Harjinder Singh, who was Chief Editor of the Patriots of India and on scrutiny of the file, one complaint of the complainant alongwith the CD, which was forwarded by Harjinder Singh was on record. The said CD was got played by him in his office in the presence of complainant and panch witness. He had not examined Harjinder Singh regarding the source of CD.

82) Hence, it is revealed in the testimony of IO/ PW24, that the CD Ex. PW12/Article-1 was played by PW24 on 23.09.2019 in the presence of panch witness Lal Babu Bhakt PW12 and the complainant to verify the contents of the transcription. The said CD had been forwarded alongwith the complaint by one Harjinder Singh, Chief Editor of the Patriots of India. The said CD had not been handed over by the complainant during investigation and the transcript had been verified on the basis of the said CD Ex. PW12/Article-1. The said CD was not put to the complainant during recording of his testimony to verify if it contained the same recording as he had handed over alongwith his complaint. Infact the complainant has deposed that he had prepared two CDs of the recordings dated 11.11.2015 and 20.11.2015 i.e. Ex. PW2/Article-4 and Ex. PW2/Article-6. The complainant PW2 specifically deposed that he had not sent any complaint or CD to Sh. Harjinder Singh Grover, Chief Editor of the Patriots of India. He further stated that he did not know if his complaint or CD was also sent by Sh. Harjinder Singh Grover to Chief Minister of Delhi, LG and State Transport Authority. Hence, the complainant categorically denied having sent any complaint or CD to Sh. Harjinder Singh Grover, Chief Editor of the Patriots of India. Moreover, even the complainant PW2 has not deposed regarding the proceedings dated 23.09.2019. There is no observation memo on record regarding the proceedings dated 23.09.2019 and PW12 stated that no separate memo was prepared regarding those proceedings. PW12 denied that he had signed the transcript at the instance of the IO without comparing the same with the CD. No fresh transcript was got prepared by the IO and the Panch Witness is stated to have merely compared the contents of the transcription handed over by the complainant with CD Ex. PW12/Article-1. In these circumstances, the transcripts Ex. PW2/E and Ex. PW2/F, which have been stated to have been tallied with the said CD Ex. PW12/Article-1, the source of which is not established on record, cannot be stated to have been properly verified during investigation.