Document Fragment View

Matching Fragments

82. It is evident from the above chart that accused No.7- Sariful Islam used mobile No.9732354806 in a device bearing IMEI No.911557501828960 from 08.02.2018 to 14.03.2018. He used mobile No.7432924372 in the same device from 01.11.2017 to 17.12.2017. The aforesaid facts clearly indicate that accused No.7 - Sariful Islam was using mobile number 7432924372 though the CAF stands in the name of Sri Bablu Sheik.

83. In this regard, it is the next contention of the prosecution that mobile No. 8792598158 was legally intercepted by the NIA with the permission of Ministry of Home Affairs, Government of India and recorded the conversation of this number. The Investigating Officer has collected the recorded audio files of the said conversation and has also recorded the voice sample of accused No.7 - Sariful Islam @ Sarifulla @ Sharifuddin. He sent the disputed voice and sample voice of accused No.7 to FSL, Bengaluru for comparison and the expert has given opinion that the respective speeches found recorded in the disputed and the sample audio files are similar. This court proceeds to examine the said facts whether the voice found in the audio files of intercepted voice calls and sample voice are one and the same.

85. PW.25 - Dr. Chathurmukha V.S. has testified that on 29.06.2021, the NIA Police sent a request letter to their office seeking technical assistance to record the voice sample of accused No.7 - Sariful Islam. Accordingly, he was deputed for the said purpose. On the same day, PW.22 - Sri R.A. Rajpurohit brought accused No.7 - Sariful Islam to their office to record the voice sample of accused No.7. He assisted PW.22 while recording the voice sample of accused No.7. At the time of recording voice sample of accused No.7, Sri. R.S. Sharma was also present. He has further testified that PW.22 gave him a sterile micro SD card to save the recorded sample voice of accused No.7. He inserted the said SD card into a Sony company voice recorder and recorded the voice sample of accused No.7. He has further testified that accused No.7 was unable to read or write. PW.22 initially uttered the transcribed words and accused No.7 gave the sample voice by pursuing the same. This process was repeated thrice. In this regard, a mahajar was drawn as per Ex.P.217.

86. The prosecution has got marked Ex.P.217 in support of its case. A perusal of the said document, on 29.06.2021, PW.22 took accused No.7 to FSL, Madiwala, Bengaluru along with the independent witness namely Sri R.S. Spl.C.No.386/2018 Sharma and PW.25 - Dr. Chathurmukha V.S. recorded the voice sample of accused No.7 using a Sony company voice recorder by inserting a new 16GB SD Card of Sandisc company. The voice sample of accused No.7 was recorded thrice by the Scientific Officer.

87. A perusal of the aforesaid evidence adduced by the prosecution, PW.22 has clearly testified that he took accused No.7 to FSL, Madiwala, Bengaluru for the purpose of recording voice sample of accused No.7. PW.25 - Dr. Chathurmukha V.S. recorded the voice sample of accused No.7 using a Sony Company voice recorder and a new SD card. In this regard, Ex.P.217 was prepared at the premises of FSL, Madiwala, Bengaluru. During the cross-examination of PW.22 and PW.25, nothing has been elicited from their month contrary to their testimony.