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be presumed at that time being a student the admission form would
be filled up by furnishing correct informations by Animesh Boxi i.e. the
email address and the mobile phone number. In the context Ld.
Special PP relied a citation AIR 1957 AP 595 : 1957 Cr LJ 1069 where it
was held that “Best available evidence should be brought before the
court” and argued that here the electronic evidences are brought as
screen shots and in some CDs and DVDs and P.W. 13 being nodal of
Vodafone has produced and proved the original CAF from his custody
and hence the authenticated copy of the same is lesser significant
evidence compared to the original one.
P.W. 17 stated that on 21/7/17 he went to Panskura P.S. and a
complaint has been received by the O/C, of the P.S. which is related to
I.T. Act and S.P. sir ordered him to investigate the case and identified
the formal FIR (exhibit 2/1). P.W. 17 also identified the endorsement of
the then O/C, SI Modan Mohan Roy in the written complaint (exhibit
1/7). P.W. 17 also stated that victim also submitted screen shots along
with the written complaint and he put those screen shots in an
envelope and identified the endorsement into it (exhibit 1/8) and the
signature of SI, Raban Hembram into the envelope (exhibit 1/9). P.W.
17 also identified the three screen shots (exhibits 1/4, 1/5 and 1/6).
P.W. 17 further stated then with force of Panskura P.S. he went to the
house of Animesh Boxi to arrest him as per the address mentioned in
the written complaint and formal FIR and conducted raid at the house
of Animesh and found him and arrested him and then he interrogated
Animesh Boxi and he confessed that he had got the laptop and the
mobile phone with sim card through which he had uploaded the
photos and videos and he had got the said laptop and the mobile
phone at home and he could hand over the same and the accused
took them to his bed room on 1st floor and handed over one HP laptop
(mat exhibit 7), one mobile phone of the brand Moto company (mat
exhibit
8)
with
IMEI
numbers
358960061307271
and
358960061307289 and on opening the tray P.W. 17 found one Jio sim
card (mat exhibit 8/6), one Vodafone sim (mat exhibit 8/5) and one
micro SD card of 16 GB of the company Sandisk Ultra (mat exhibit
8/7) and then P.W. 17 had seized these items and identified the
seizure list (exhibit 36/1). P.W. 17 also stated that Ardhendu Sekhar
Bakshi and Amalendu Sekhar Bakshi who are the uncles of Animesh
had signed on the seizure list as witnesses and also ASI Prabir Saha.
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