50
09/8/17
and
all
the
seizure
witnesses
and
Brajendra
Gupta
corroborated with each other and P.W. 5, P.W. 11 and P.W. 16 identified
their signatures on this seizure list, seizure list and seized articles.
There is nothing in the cross examination of P.W. 18 regarding the
seizure list and the seized articles and the seizure list had been
signed by the witnesses who identified their signatures and also in the
seized articles and the I.O. also put his endorsement that he had
seized the articles in connection with this case. This court further
finds that P.W. 5 is totally an independent witness and is not at all
connected with any police office or CID, West Bengal. There is also an
admission from the side of the accused that the exhibit 9/4 is proper
when P.W. 11 in his cross examination stated that “It is a fact that
nothing had been seized from Tapas Satapathi on that day. The
articles as mentioned in the seizure list dated 09/8/17 had been
seized from Development manager Brajendra Gupta.”
P.W. 5 in his evidence further stated that on 04/9/2017 he had
produced original answer paper of second Internal exam of Animesh
Boxi, original membership form of Central Library of Budge Budge
Institute of Technology of Animesh Boxi, original book bank card of
Budge Budge Institute of Technology of Animesh Boxi, book card vide
no. 12049 of Budge Budge Institute of Technology of Animesh Boxi
and a forwarding letter dated 04/9/2017 sent to the I.O. of this case
by Tapas Satapathi and he was authorised to do so and identified all
these articles before this court. P.W. 5 stated further that the original
answer paper of second Internal examination of Animesh Boxi (exhibit
13/3) contained six pages and stated that he put his signatures in two
pages along with date 04/9/2017 (exhibits 13 and 13/1) out of six
pages and a certificate had been given by Tapas Satapathi in the last
page duly signed by Tapas Satapathi. On perusal of exhibit 13/3 this
court finds that P.W. 11 and P.W. 16 signed into it along with date. At
the time of seizure P.W. 18 also signed into it along with endorsement
and date. Similarly, this court on perusal of the exhibits 14/2, 15/2
and 16/2 finds that P.W. 5 had produced these documents and also
signed into it and identified the certificate and signatures of Tapas
Satapati. By scanning the evidence of P.W. 5 this court finds it had
been filled up by Animesh Boxi. Both the seizure witnesses P.W. 11
and P.W. 16 stated that they had signed along with date into the
seized articles. The second I.O. of this case P.W. 18 also stated that at
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