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3. PW 126 Hari Chand from whom the mobile instrument was allegedly seized;

4. PW135 Major AR Satish (retd) (to prove the CDRs of SIM Card No.9811008825 and CDR of IMEI No. 490520304282810;

5. PW139 RK Singh (to prove the CDR of SIM card No. 9810025524 attributed to PW126 Hari Chand); and

6. PW187 Inspt. K.P. Singh and PW203 Inspt. Inder Singh, who were also examined on this aspect.

It was submitted that neither PW 18 Naveen Kumar nor PW97 Rohit Dabas nor PW107 Shailender Gaba supported the case of the prosecution and no document of purchase of the mobile instrument been produced by the prosecution.

42. It was also submitted that although CDR for Mobile No. 9811008825 Ex.PW 135/28 from 03-01-1999 to 23-01-1999 is available but no IMEI number is mentioned on Ex.PWI35/28. The CDR for Mobile No. 9811008825 was requested by letter dated 27-09-2002 Ex.PW135/26 and was delivered under cover of letter dated 27-09- 2002 Ex.PW135/27. However, there is nothing on record to show how the prosecution came to know that the mobile instrument having IMEl No.490520304282810 was being used with SIM card No.9811008825. Thus, according to Mr Luthra, there is no evidence to connect SIM card No.9811008825 and mobile instrument having IMEl No.490520304282810. Moreover, after 23-01- 1999, no CDR of mobile No. 9811008825 is available on record. SIM card bearing No. 9811008825 has not been produced in evidence and is stated to be destroyed, proof of which fact is sought to be being derived from alleged disclosure statements Ex PW 132/29 and Ex.PW132/30 of Shri Bhagwan Sharma and from Ex PW 180/4.

44. Furthermore, CDR of IMEl No.490520304282810 (Ex.PW135/1 to Ex.PW135/25) is claimed to be taken out on 26-08-2002 but, on that date there was no request to Hutch for CDR nor was this IMEl Number available then inasmuch as the first letter seeking the call details of SIM number 9811008825 was written on 27.09.2002 Ex.PW135/26. It is submitted that the IMEl Number for mobile No.9811008825 was not available with the Police till as late as 13-10-2002 as PW203 Inder Singh admitted in his cross examination that the IMEI number of the mobile was not supplied even after sending/ despatching Ex.PW203/24 dated 13-10- 2002.

45. While instrument having IMIE No. 490520304282810 is alleged to have been used with SIM card bearing no.9811046572 from 05-07-1999 to 22-09-1999 as per CDR Ex.PW135/5, it was submitted that PW111 Narender Singh has not supported the prosecution case as to ownership/ use of the instrument by Pradeep Sharma. Furthermore, no documents evidencing ownership/ use of mobile No.9811046572 by Pradeep Sharma or anyone are on record.

46. Mr Luthra submitted that it is also noteworthy that CDR 26-08-2002 of IMEI No.490520304282810 for the month of February 2000 reveals that the mobile instrument was used with SIM card No.9811036174 but, no record of ownership of mobile No. 9811036174 has been produced.