109
“Police evidence could not be thrown out because of non-availability
of independent evidence. Examination of all witnesses, held, not
always necessary if others have given satisfactory account of
incident” and this citation is applicable in this case and Ld. Special PP
also referred a judgment AIR 1957 SC 857 : 1957 CrLJ 1346 where it
was held that “Proof of genuineness of document. Proof of contents of
document modes provided in secs. 45 and 47 may be used” and
argued that in this case various evidences are proved by expert
report and the signatures of Jyotirmoy Biswas and Sukanta Roy was
proved by the person acquainted with their signatures.
As regards to the allocated IP to Jio connection number and its
details matching with the details of the accused person was
elaborately proved by the P.W. 16. Another very important point is
that another mobile number being 9733185096 of Vodafone was in
the name of Barnali Baksi being the mother of the accused person
and the most important evidence coming from the P.W. 12 proves the
fact that the accused opened his bank account using the same mobile
number and the most shocking incident is that in statement u/s 313
Cr.P.C. the accused completely disown both the connections which are
elaborately proved to be in his name or used by him at the relevant
point of time.
In this present case P.W. 11 stated in his examination -in- chief
that, “The URL ends with badF224 plus other four video URL has been
uploaded using email id animeshbokshi18@gmail.com under user
name “Anibokshi”. The “last_login” on “07/20/2017” (mm/dd/yyyy)
and the current “status” of video is “deleted” and “status_reason” is
“Self Deleted”. The Ld. Lawyer for the accused at the time of
argument submitted that if for sake it is considered the accused had
deleted on 20/7/2017 then how it is possible for P.W. 11 to get the
videos on 22/7/17. In this context this court finds that from exhibit 7/6
it appears that the contents of the video was not deleted on 20/7/17
but the account in pornhub was deleted by the accused. The device
with which the videos were uploaded was found from the possession
of the accused and it has been proved that through this device those
videos were uploaded by the accused and this case was filed on
21/7/17 and just one day before i.e. on 20/7/17 the accused entered
into his pornhub account and had deleted the account and the status
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