98
Panskura P.S. case no. 381 of 2017 and her father and then in her
presence victim gave her Samsung mobile and two sim cards to
Atanu Santra who then seized those and she had signed on the
seizure list (exhibit 4/2). P.W. 7 also identified the mat exhibit 1 and
her signature in the envelope (mat exhibit 1/3).
P.W. 18 stated that he had sent requisition after getting
approval from superior to Smt. Kakali Ghosh Kundu, Inspector of
police, O/C, POWC, Cell, CID, West Bengal to examine and record the
statement of victim girl in connection with this case and the
complainant cum victim produced her mobile phone of Samsung Duos
and he had seized the phone under proper seizure list and identified
his signature in the seizure list (exhibit 4/3) and the seizure list
(exhibit 4/4). P.W. 18 also identified the mobile phone of P.W. 1 and his
signature on the label (mat exhibit 1/ 4) and the envelope (mat
exhibit 1/5). P.W. 18 also stated that P.W. 1 stated that she would
submit certificate u/s 65 B of Indian Evidence Act in respect of print
out of screen shots of the nude video of her which she had enclosed
with the written complaint. P.W. 18 further stated that he received a
certificate u/s 65 B Indian Evidence Act issued by complainant cum
victim in respect of printouts of the screen shots of downloaded
videos of the complainant which were enclosed with the FIR and
collected from victim at Panskur P.S.
So, it appears before this court that the mobile phone of the
victim was seized. There is nothing in the cross examination that the
search and seizure was not proper. P.W. 1, P.W. 2, P.W. 7 and P.W. 18 all
identified the seizure list and the seized article and all the witnesses
corroborated with each other. Thus the seizure list exhibit 4/4 is
proved. Now the question is why the mobile phone of the defacto
complainant was seized. The Ld. Lawyer for the accused at the time
of argument submitted that the mobile phone of the victim was not
sent to CFSL and it is not known as to whether the mobile phone has
got a password or not. Be it mention here in that this mobile phone is
not the case of the prosecution. This court wants to see whether this
mobile phone has got a camera or not as P.W. 1 stated in her
evidence that “I took some nude pictures and video of me in my
mobile phone”. As no other source had been stated by P.W. 1 so this
court will definitely presume that through mat exhibit 1 P.W. 1 had
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات