LAWS(DLH)-2014-9-449

MOHD AZAD ALAM Vs. STATE

Decided On September 01, 2014
MOHD AZAD ALAM; MOHD ARIF; SHAHJAD; SARFARAJ @ SONU Appellant
V/S
STATE; STATE GOVT OF NCT OF DELHI And ORS ; STATE (NCT OF DELHI) Respondents

JUDGEMENT

(1.) Crl.M.B.No.2458/2013 in Crl.Appeal No.629/2013

(2.) The irrefutable evidence capturing the movements of Sarfaraj, Shahjad, Mohd.Arif and Mohd.Azad Alam, the four appellants and the fifth co-convict Naeem when they committed an armed dacoity in the shop of Amar Nath Gupta PW-11 is captured in the CCTV footage Ex.PX1 and Ex.PX2 seized by SI Umesh Rana the Investigating Officer. We have seen the two footages captured by the CCTV cameras and stored in the memory of the hard disk of the computer of the CCTV. The two footages have been seized by SI Umesh Rana on being handed over by Amar Nath Gupta. The first seizure is on February 05, 2011 and the seizure memo relatable thereto is Ex.PW-15/B. It relates to the CCTV footage stored in the memory for the period around 9.56 P.M. till 9.58 P.M. on February 04, 2011. The second footage seized vide memo Ex.PW-15/E is when Manoj Gupta s/o Amar Nath Gupta handed over on February 12, 2011 the footage pertaining to what was recorded between 7.33 P.M. to 7.45 P.M. on February 04, 2011.

(3.) No suggestions have been made either to Amar Nath Gupta PW-11 that there is tampering in the CCTV footage(s) neither is any such suggestion made to SI Umesh Rana.