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14. PW-7 is Sh. Jayesh Bhardwaj, Lab Assistant (Physics), CFSL, Delhi, who deposed that on 01.04.2014, a request was received from DCP, Vigilance Branch for recording of sample voices of Sh. Akshay Singh and Sh. Sapan Gupta and on 09.05.2014, he alongwith Ms. Anuradha Dey recorded the sample voices of Sapan Gupta and Akshay Singh in the presence of one witness namely Ct. Sikander in fresh micro SD cards Ex.P3 and Ex.P4 respectively through digital voice recorder of make SONY and after recording the sample voices, micro SD cards were handed over to the IO, who seized the same through seizure memo Ex.PW1/B and Ex.PW1/E. 14.1. In his cross-examination, PW-7 confirmed that there is no SOP (standard operating procedure) or working manual which is required to be followed for the purpose of taking voice sample as had been done in this case. He further deposed that he has not told the IO to mention the fact that Sony Recorder was used for recording of sample voice in any of the seizure memos. To a specific question as put by Ld. Defence counsel, PW-7 replied that the working procedure manual Ex. PW-7/D1 does not pertain to Physics Division of CFSL where the sample voice recording was done and that it pertains to Scientific Aids Division. He further confirmed that purpose of recording of the sample voice was speaker identification. PW-7 admitted that the voice files similar to the sample files can be altered or modified on any computer using various softwares. He further admitted that the hash value is computed to maintain the authenticity and integrity of the evidence when it is seized or received for the examination as per the NICFS Manual, Chapter-24 which is Mark-PW7/D4.
16. PW-9 is SI Amit Kumar, who proved the detailed bio-data Ex.PW-9/A of SI Anil Kumar which was retrieved from the office computer installed at IT Centre, Delhi by using his user ID. He also proved the certificate U/s 65B of Indian Evidence Act Ex.PW-9/B in support of the aforesaid bio-data.
17. PW-10 is Sh. R. K. Srivastava, Principal Scientific Officer, CFSL, who deposed that on 29.05.2015, he received one DVD marked as Ex-Q1 in unsealed condition from physics division for computation of hash value and he reported that DVD Ex-Q1 was found fully functional and undamaged and mentioned its MD5 hash value in his report i.e. Ex.PW10/A. He further deposed that on 29.09.2015, he received three DVDs marked as Exhibit-Q1, Exhibit-Q2 and Exhibit-Q3 in unsealed condition from physics division for opinion on two audio/video files i.e. 1.mov and 4.mov (stored in DVD marked as Exhibit-Q2) being identical with two audio/video files i.e. 1.mov and 4.mov (stored in DVD marked as Exhibit-Q1), (ii) for computation of hash values of DVDs marked as Exhibit-Q1, Exhibit-Q2 and Exhibit- Q3. PW-10 deposed that he examined the aforesaid DVDs marked as Exhibit-Q1, Exhibit-Q2 and Exhibit-Q3 and same were found fully functional and undamaged and that on the basis of computation of MD5 hash values, two specific files namely 1.mov and 4.mov (stored in DVD marked as Exhibit-Q2) were found identical with the files 1.mov and
4.mov (stored in DVD marked as Exhibit-Q1). He further deposed that he computed the MD5 hash values of the DVDs marked as Exhibit-Q2 and Exhibit-Q3 and mentioned in his report i.e. Ex.PW10/B. PW-10 deposed that on 05.12.2018, he received one sealed paper envelope containing five DVDs and two micro SD cards from Photo and Scientific Aids Division for providing their hash values and he examined the aforesaid DVDs and micro SD cards and computed their hash values and given his report i.e. Ex.PW10/C. 17.1. In his cross-examination, PW-10 produced Standard Operating Procedure running into two pages i.e. Ex.PW10/DA. He deposed that if the contents of two files are different, their hash values would be different, if computed using the same algorithm. To a specific question as put by Ld. Defence counsel, PW-10 replied that mirror image of a media is the forensic replica of the media. PW-10 confirmed that he gave opinion on the functionality of the DVD Exhibit Q-1 and not on the specific files and he had only computed the hash value of the DVD. He further deposed that since no previous hash value of the media was provided, the hash value computed by him could not be compared/verified and the hash value was provided by him as it was desired in the forwarding letter which can be used for authentication purpose for further reference. When the attention of the witness was drawn on page no. 2 of his worksheet which is part of Ex. PW-10/DG that the date of last access is 05th Feb 2014, the witness replied that it means that file was accessed on that date.
64. DVD Ex.P1 was examined by PW-10 Sh. R. K. Srivastava, Principal Scientific Officer, CFSL, who deposed that he had not played the video files available in the DVD to see and view the audio video recording and he had only computed the hash value of the DVD which has the relevance for the authentication in future. PW-20 Sh. A. D. Tiwari, Principal Scientific Officer (Photo Division) CFSL, CBI has admitted in his cross-examination that he has opined that for carrying out complete examination i.e. verification and authentication, the original recording device and media was required and despite mentioning in this regard in his reports, no original recording device and media was provided by the Investigating Agency. He further admitted that it cannot be opined without original device about the nature of recording device.