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number used and their availability in the seized mobile phone from
the accused person are all to be explained from his special
knowledge. The Ld. Special PP referred a citation AIR 1979 SC 400 :
1979 CrLJ 329 where it has been held that “Conduct of an accused
during the course of an investigation is admissible” and argued that
here in this case in 313 Cr. P.C. statement the accused person that “I
have not stated anything to anyone. I had not shown anything to
anyone. They took my signatures forcibly in few papers and I signed
into it as because the bathroom was not good there and I was unable
to use it and they told me if I sign into it they I will be shifted
elsewhere with good bathroom”. Now forcibly means the accused
indirectly admitting his signatures. The accused stated that he had
not uploaded anything means it is within the special knowledge of the
accused. But ironically and surprisingly enough the accused person
who was as per law all the time represented by Ld. Advocate, never
raised or retracted from the fact that he had stated before the CID
officer being P.W. 18, which is a valuable evidence as per section 27
and 8 of Evidence Act, during the time he was produced from the PC.
In Ravirala Laxmaiah vs. State of Andhrapradesh 2013(3) SCC
(Cri)911 (2013)9 SCC 283 it was observed that “A Circumstantial
evidence – failure to explain incriminating circumstances – is an
additional link to chain of circumstances – false explanation or no
explanation offered by accused to incriminating circumstances put to
him – when accused is last seen with deceased in his house, accused
is duty bound to explain circumstances under which deceased died –
failure to explain or false explanation would create a strong suspicion
about guilt of accused”. This court further finds when the question
regarding seizure dt. 21/7/17 was asked the accused simply stated
that he used to stay at hostel. But again no explanation had been
furnished by the accused.
The prosecution has placed exhibits 7/6, 8/12 and 8/13
regarding Google and Pornhub. P.W. 1 in her cross examination stated
that the website www.pornhub.com is open in India. At the time of
argument the Ld. Lawyer for the accused submitted that there is
nothing called Google and Pornhub. It clearly means that it is within
the special knowledge of the accused u/s 106 Indian Evidence Act but
failed to establish it. P.W. 3 in his cross examination stated that “It is
not a fact that there is no website www.pornhub.com in India”. There
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