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investigation is admissible.” and this court finds that these citations
are applicable in this case. In this present case exhibit 36/1 i.e. the
seizure list dated 21/7/2017 proves the fact that the seizure was
made after been led, shown, brought out, identified and produced by
the accused which is duly proved by the deposition of P.W. 17 in his
examination in chief, when he stated - “Then I 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 to us”.
On perusal of exhibit 53 this court finds that this court finds that
it had been duly forwarded by Ld. Chief Judicial Magistrate, Purba
Medinipur and in serial no. 1 the mobile phone with the same IMEI
numbers along with two sim cards and SD card which are mentioned
in exhibit 36/1 and seized from accused Animesh Boxi. This court
further finds from exhibit 53 that it was asked whether through
Exhibit B (which P.W. 18 had marked) was used to access the email id
animeshbokshi18@gmail.com and animeshboxi19@gmail.com . Now
on perusal of exhibit 41 this court finds that it has been stated in the
report that “Synchronized email account as on dated 21/7/2017 at
1:36
am and 21/7/2017
at 1:35
animeshbokshi18@gmail.com
and
am pertaining to email id
animeshboxi19@gmail.com
on
Google account could be found in the mobile phone (mat exhibit 8)
and screen shot was also annexed with the report. From exhibit 41
this court further finds regarding device information the IMEI number
358960061307271. Ld. Special PP at the time of argument relied a
citation reported in K. Ramajayam v Inspector of Police 2016 Cr LJ
1542 (Mad) where it was held that “it is axiomatic that the opinion of
an expert, which is relevant under sec. 45 of the Indian Evidence Act,
1872, when accepted by the court graduates into the opinion of the
court” and argued that here the expert opinion of hand writing expert
and CFSL experts.
So, to hold this court finds that mat exhibit 8 was seized from
the possession of the accused Animesh Boxi and from mat exhibit 8
the email address animeshbokshi18@gmail.com was accessed as per
the CFSL report and this is the same email address who accused
Animesh Boxi wrote by himself in his admission form (exhibit 10) and
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