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An information was received at PS Farsh Bazar on 17.07.2012 which was recorded in DD register vide DD no.9A. The information was FIR No.256/2012, PS. Farsh Bazar Page 1 of 23 St. Vs.Manoj that a person has fallen from the roof in KKD Courts, Mediation Complex. The said DD was assigned to SI Inderveer Singh. On receiving copy of DD No.9A SI Inderveer Singh alongwith Ct. Sanjeev went to Ground Floor Mediation Centre, Karkardooma Courts, Delhi, where a wall fan was found lying in broken condition and the roof of the Mediation Centre made up of plastic at First Floor was also found damaged. On enquiry, they came to know that injured had already been taken to GTB Hospital by CATS Ambulance. No eye witness was found at the spot. Blood was also not found at the spot. Thereafter, leaving Ct. Sanjeev to guard the spot, SI Inderveer Singh reached GTB Hospital, collected the MLC of injured, wherein injured was declared brought dead. No eye witness was found at the hospital also. SI Inderveer came back to the spot and CCTV footage of 2nd floor, BBlock was checked. On checking the Camera No.82, Installed outside Court No.56, IInd Floor, deceased was seen siting on the railing. Some boys were also found standing with deceased and talking with each other. As per CCTV Footage at about 10.13 am one of those boys, who were standing around deceased, kept his one hand on the chest of deceased and pushed him down while pulling up his leg with the other hand. Crime team was called. Rukka was prepared and present FIR was got registered. After registration of FIR Inspector Raj Kumar, SHO PS. Fash Bazar also reached at the spot and further investigation was carried out by him. Crime team inspected and photographed the scene of crime. Site plan was FIR No.256/2012, PS. Farsh Bazar Page 2 of 23 St. Vs.Manoj prepared. Wall fan make Bajaj Grace white colour was taken into possession and seized. Thereafter, Inspector Raj Kumar alongwith Ct. Sanjeev went to GTB Hospital, where mother of deceased met him, who identified the body to be of her son Nazim. Her statement was recorded. Dead body was sent to mortuary GTB Hospital and after postmortem same was handed over to relatives of deceased. After postmortem, doctor handed over sealed pullanda containing clothes of deceased, blood sample of deceased in gauze piece and one sample seal of hospital, which were seized. Brother of deceased namely Shaukat was joined in the investigation and brought to KKD Court, where after seeing CCTV footage, he identified his brother Nazim as the person, who was seen falling from roof and the person who is pushing his brother Nazim as accused Manoj. Experts from Paramid Cyber Security were called to preserve the CCTV Footage from the control room CCTV of Karkardooma Courts. Permission was also obtained from Ld. Senior Civil Judge to obtaining the hard disc of the CCTV Footage from Control Room CCTV, Karkardooma Courts. Mr. Dinesh from Paramid Cyber Security Service came to KKD Courts and took out the hard disc from CCTV Control Room, KKD Courts and he prepared mirror image from the original hard disc and same was saved in other hard disc. Hard discs were sealed and seized. Details of hash value was taken from expert. Statements of witnesses were recorded. Case property was deposited in the malkhana.
16. PW12 Sh. Dinesh Gaur deposed that in the year 2012, he was working in Pyramid Cyber Security and Forensic Pvt. Ltd as Forensic Investigator and that his company was helping in forensic investigation in the corporate sector and in the Government agencies like police etc. He deposed that he does not remember the date or month but one day in the year 2012, at the request of Inspector Raj Kumar, SHO, he came to CCTV Control Room in Karkardooma Court Complex, where other police staff alongwith Ashwini, who used to take care of CCTV Footage in the CCTV Control Room was also present. He deposed that he took out the Hard Disc from the CPU of the control room and prepared two mirror copies of the hard disc with the help of a device called logicube Dossier. The two hard discs for preparing the mirror image were given by the police. He generated the hash value of original hard disc, which was taken out from FIR No.256/2012, PS. Farsh Bazar Page 10 of 23 St. Vs.Manoj the CPU with the help of Logicube Dossier. A summary was taken out and the original hard disc alongwith the said summary was handed over to the IO. He proved the summary as Ex.PW12/A and deposed that this summary contains the make of the Hard Disc and its capacity as also the hash value. He deposed that original hard disc was seized by the IO vide memo Ex.PW12/B and the mirror images were also seized vide memo Ex.PW12/C. The hash value of mirror image was also generated. He deposed that there was no tempering in the process of taking out the Hard Discs from the CPU and doing the preparation of its mirror image.
31. As such, the most powerful evidence against the accused is the CCTV recordings. Ld. Defence Counsel, however, challenged the credibility of CCTV Footage. The main thrust of the argument of Ld. Counsel is that there is difference in the hash value of the original hard disc and the DVD, which was played in the court, therefore, no conviction can be based relying upon the same.
32. To prove the genuineness or authenticity of CCTV Footage, Prosecution has examined several witnesses. PW12 Sh. Dinesh Gaur deposed that in the year 2012, he was working in Pyramid Cyber Security and Forensic Pvt. Ltd as Forensic Investigator and at the request of Inspector Raj Kumar, SHO, he came to CCTV Control Room in Karkardooma Court Complex, where other police staff alongwith PW13 Ashwini, who used to take care of CCTV Footage in the CCTV Control Room was also present. He deposed that he took out the Hard Disc from the CPU of the control room and prepared two mirror copies of the hard disc with the help of a device called logicube Dossier. The two hard discs for preparing the mirror image were given by the police. He generated the hash value of original hard disc, which was taken out from the CPU with FIR No.256/2012, PS. Farsh Bazar Page 20 of 23 St. Vs.Manoj the help of Logicube Dossier. He deposed that there was no tempering in the process of taking out the Hard Discs from the CPU and doing the preparation of its mirror image. Version of PW12 is supported by PW10 Ct. Yatender, PW13 Ashwini & PW16 Kapil, who all stated that no one interfered or tempered with the hard disc.
Regarding difference coming out in the hash value of hard disc, PW12 Sh. Dinesh Gaur has deposed that he had taken out the hash value of the hard disc at the time of seizure by using a portable devise logicube dossier and it is possible that due to use of different software, the discrepancy in the hash value may have come. He further stated that it is probable that if the disc is not provided the right protection while attaching it to some system or Network, the hash value may change because of the viruses or any other executable programme.