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was uploaded by the accused person without the permission from P.W.
1.
So, the clear picture comes before this court now. That with the
IP address 47.15.15.236 the nude videos of the P.W. 1 was uploaded
to the website www.pornhub.com including the alleged URL which is
mentioned by P.W. 1 in his written complaint and this IP was allocated
to the mobile number 8240136385 when the video was uploaded to
the server of pornhub and this mobile number is registered in the
name of the accused of this case Animesh Boxi. Moreover this court
finds that the alternate number which is +919733185096 and +91 is
the country code of India and so the ten digits of mobile number is
9733185096 and this is the same mobile mobile which the accused
Animesh Boxi had mentioned in his admission form and with this
mobile number Animesh Boxi had opened the bank account. This
court further finds from exhibit 1 the defacto complainant had
mentioned the mobile numbers of the accused 9733185096 and
8240136385 through Animesh Boxi used to talk with her.
In this context Ld. Special PP submitted that Paul L. Kirk
expressed the principle Locard's Exchange Principle as follows:
"Wherever he steps, whatever he touches, whatever he leaves,
even unconsciously, will serve as a silent witness against him. Not
only his fingerprints or his footprints, but his hair, the fibers from his
clothes, the glass he breaks, the tool mark he leaves, the paint he
scratches, the blood or semen he deposits or collects. All of these and
more, bear mute witness against him. This is evidence that does not
forget. It is not confused by the excitement of the moment. It is not
absent because human witnesses are. It is factual evidence. Physical
evidence cannot be wrong, it cannot perjure itself, it cannot be wholly
absent. Only human failure to find it, study and understand it, can
diminish its value".
In forensic science, Locard's exchange principle holds that the
perpetrator of a crime will bring something into the crime scene and
leave with something from it, and that both can be used as forensic
evidence. Dr. Edmond Locard, a pioneer in forensic science had
formulated the basic principle of forensic science as: "Every contact
leaves a trace".
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