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2025.08.02 16:19:22 +0530 forensic examination. Forensic examination confirmed the presence of "partial" data of Worldphone customers in the HP Laptop used by accused Sheikh Mohammad Khalid while working in Cordia LT. The said HP Laptop was exclusively used by accused Sheikh Mohammad Khalid. No evidence against Romit Singh Chauhan, Naveen Gupta or Cordia LT Communications was found. After conclusion of the investigation, charge-sheet was filed against accused Sheikh Mohammad Khalid for commission of offence under Section 66 r/w Section 43 of the IT Act and Section 379 IPC.
He participated in the CBI proceedings at the office of Worldphone whereby data was copied from the server to a new hard disk. He proved memo Ex. PW5/A, specimen Cr. Case No. 111/2019 Digitally signed Page No. 6 of 39 RC-CY1/2008/E0007 by NISHANT CBI vs. SHEIKH MOHAMMAD KHALID NISHANT GARG GARG Date:
2025.08.02 16:19:39 +0530 seal Ex. PW5/B and the hard drive Ex. PW5/C. vi. PW-6 Kanti Jain- He proved the invoice of HP laptop purchased by his company Bintek Marketing from M/s Kadam Marketing Pvt. Ltd. Ex. PW6/B which was seized vide memo Ex. PW6/A. He also proved the invoice of the HP laptop which was sold by his company to M/s Cordia LT Ex. PW6/C. vii. PW-7 Shirish Kulkarni- Chief Manager, Bank of India. He participated in the CBI proceedings and proved the memorandum Ex. PW7/A. viii. PW-8 Anand Kumar Sharma- an employee of Cordia LT. He deposed that accused Sheikh Mohammad Khalid had provided him customer details through office mail pursuant to which he used to contact the customers. ix. PW-9 Shominder Kaur- an employee of Cordia LT.

34. In his statement under Section 161 CrPC, he deposed that accused Sheikh Mohammad Khalid was given one HP Laptop in Cordia LT which was exclusively used by him. In his court statement as PW4, he deposed, interalia, that accused Sheikh Mohammad Khalid was allocated one HP laptop and a USB hard disk which were in his exclusive possession.

35. The testimony of this witness does not help the prosecution to establish that the laptop Ex. PW13/B (D-45) was the one which was issued to accused Sheikh Mohammad Khalid and was in his exclusive control and possession. PW4 Romit Singh Chauhan has merely deposed about one HP Laptop which was in exclusive use of accused Sheikh Mohammad Khalid. He was not shown the laptop Ex. PW13/B (D-45) and did not identify the RC-CY1/2008/E0007 CBI vs. SHEIKH MOHAMMAD KHALID Digitally signed NISHANT by NISHANT GARG GARG Date: 2025.08.02 16:22:10 +0530 said laptop as the one which was the exclusively used by the accused.

36. The most important witness who could have deposed about issuance of the laptop Ex. PW13/B (D-45) to accused Sheikh Mohammad Khalid was M.D. Vanjani, CEO of Cordia LT at the relevant time. In his statement under Section 161 CrPC, he stated that being CEO of the company, he had full responsibility for operations of the company. He informed that on 05.02.2008, the company had placed an order for a new HP laptop to be used by accused Sheikh Mohammad Khalid which was handed over to him on 06.02.2008; this laptop was for his exclusive use. However, in his testimony before the court as PW10, M.D. Vanjani did not depose these facts. He merely identified the search list Ex. PW2/C bearing his signatures at point 'D' and 'E'. In the court, PW10 M.D. Vanjani did not specifically depose that the HP laptop Ex. PW13/B (D-45), purchased vide invoices Ex. PW6/B and Ex. PW6/C was handed over to accused Sheikh Mohammad Khalid and was for his exclusive use only. Again, the laptop PW13/B (D-45) was not shown to the witness to identify that it was the same laptop which was in exclusive possession and control of accused Sheikh Mohammad Khalid.