103
Now
exhibit
45
shows
that
the
device
ID
number
is
358960061307271 and from exhibit 36/1 which is the seizure list dt.
21/7/17 one Moto mobile having model no. XT1635-02 (mat exhibit 8)
was
seized
and
there
the
IMEI
number
is
mentioned
358960061307271 and the device id in short IMEI number also
matches with the same IMEI number which exhibit 45 shows. So, the
device ID of the mobile phone matches. The mobile phone had been
seized by P.W. 17 and the P.W. 14 identified his signature in the
seizure list which P.W. 17 had proved the seizure list. There is nothing
in the cross examination or other evidences that there was so search
and seizure. The HP laptop (mat exhibit 7) of the accused and the two
sim cards one of Vodafone (mat exhibit 8/5) and Jio (mat exhibit 8/6)
along with the SD card of 16 GB (mat exhibit 8/7) were also seized
and P.W. 17 had proved it that he had seized it. The IMEI number of a
mobile phone is something that cannot be manufactured and this
number is given only at the time of manufacturing of the device by
the manufacturer and no plea had been taken from the defense side
that the IMEI no. had been manufactured or tampered and as this
device ID matches with the same device ID which Reliance Jio
Infocomm
had
provided
and
as
well
as
the
mobile
number
8240136385 and thus court can safely presume that through this mat
exhibit 8 the nude pictures and videos of P.W. 1 were uploaded in the
website www.pornhub.com and this device was seized from the
possession of this accused Animesh Boxi and thus this accused had
uploaded the videos. Moreover this court finds from exhibit 7/6 that
email id animeshbokshi18@gmail.com is registered with that pornhub
account through which the nude videos of P.W. 1 had been uploaded
and this court already holds that it is Animesh Boxi who created the
email id animeshbokshi18@gmail.com . In this context Ld. Special PP
referred a citation Amitsingh Bhikamsingh Thakur vs. State of
Maharashtra 2007 (1)SCC (Cri)582 where it was held that “Discovery
of fact inconsequence of information received from accused –
requirements of S. 27 stated – “Facts discovered” also includes
mental fact such as the place from which the object is produced and
knowledge of accused to this – only that portion of the information
which relates to the fact discovered is admissible” and argued that
here the uploaded video, uploaded through his pornhub account
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