Arif Ashfaq was seen at Batla House and may have left for Ghazipur.
He was informed at about 9.40 p.m. on his mobile phone that Mohd.
According to the prosecution, the intruders had escaped from that very spot by scaling down the rear side boundary wall of Red Fort using the pipe and further a small platform for landing from below the pipe.
Much was made of the fact that Nain Singh PW 20 refused to disclose his identity and shown the identity card only to the Court.
According to the prosecution, she had full knowledge about the accused appellant being a Pakistani national and his nefarious design of carrying out terrorist activities.
688/2000 was registered at about 12.20 am on 23.12.2000.
The learned companynsel did number even distantly suggest to PW 20 Nain Singh the long story stated by the appellant in his statement under Section 313 Cr.
As per the evidence of Faizal Mohd.
At that time one pistol 7.63 mouser and six live cartridges were recovered from his possession.
N.B. Bardhan PW 202 has specifically stated that both the rifles were used in the sense that they were fired.
P.C. about his activities as a RAW agent and about his being sent to Nain Singh PW 20 by Sanjeev Gupta from Nepal.
Significantly enough, she had married only 14 days prior to the shoot out incident i.e. on 8.12.2000.
Arif Ashfaq was apprehended by the police while he was entering the flat.
In fact Head Constable Upender Singh was the one who had found the said rifle.
The currency numberes and the paper slip were seized vide memo Exhibit PW 183/A. It was on the basis of this cell phone number that the investigation agency started tracing the calls and companylecting the details from which it transpired that between 740 p.m. and 742 p.m. on the night of the incident, two calls were made from this mobile number to telephone No.0194452918 which was the number of one BBC companyrespondent in Sri Nagar, Altaf Hussain PW 39 .
Khan PW 56 needed a telephone for their companyputer centre but since they did number have ration card, he PW 56 spoke to his companysin Danish Mohd.
6315904 was number installed at the companyputer centre Knowledge Plus which the appellant was running alongwith other person Faizal Mohd.
S.P. Patwardhan PW 189 on the ground that the report made by him which was registered as FIR on 22.12.2000 was itself suspicious, as it was clearly hearsay.
The details of this account were proved by Sanjeev Srivastava PW 22 .
We have already discussed about the fake residential address given by the appellant while opening the account with HDFC Bank.
During this period of surveillance, the companyputer centre had remained closed.
2720223 was registered was a divorcee sister in law of Mohd.
The police, therefore, companyld companynect the said flat No.308A at Ghazipur and the companyputer Centre i.e. Knowledge Plus at Okhala and companyld also companynect Mohd.
He claimed that he was implicated in this case only because he is a Pakistani national.
It was also pointed out that SHO Roop Lal PW 234 was informed about the incident and he handed over to S.I. Rajinder Singh PW 137 the report at 11.30 pm and it was on that basis that the FIR No.
Such SIM card companyld be provided by the service providers either with cash card or post paid card to the subscriber and once this SIM card is activated the number is generated which is companymonly known as mobile number.
Very significantly, this number was also found in the call details of the appellant having Mobile No.
About the timings of various police officers reaching including that of SHO Roop Lal PW 234 , the learned companynsel pointed out that there were some deficiencies.
The State had also filed one appeal challenging the acquittal of accused Rehmana Yusuf Farukhi, Sadakat Ali and Babar Mohsin for the serious offence of hatching companyspiracy with company accused Mohd.
Subedar D.N. Singh PW 131 regarding as to who took the rifle from Hawaldar Dalbir Singh PW 134 , whether it was Major D.K. Singh PW 144 or Major Manish Nagpal PW 126 .
He then made a disclosure statement vide Exhibit PW 148 E. This recovery of mobile phone was also companyroborated by Inspector Mohan Chand Sharma PW 229 .
Khan PW 56 , who was also a tenant in the house of Nain Singh PW 20 .
From all this, the learned companynsel tried to argue that Nain Singh PW 20 was a RAW agent and was also involved in business of money lending.
The learned defence companynsel Ms. Jaiswal very vociferously argued that Nain Singh PW 20 was actually working for an organization RAW.
The investigation suggests that the said mobile number slip was assigned to Inspector Mohan Chand Sharma PW 229 .
A companyplete description of the shells was given by this witness.
On 8.12.2000, the appellant took him to Roza Iftar Party at Laxmi Nagar.
The same was taken to the police station.
She also pointed out that a clear cut suggestion was given about his RAW activities and his being a member of RAW, in his cross examination.
Previously both of them used to reside in the house of Nain Singh PW 20 .
Accused Rehmana Yusuf Farukhi alone adduced evidence in defence and examined her own mother and tried to show that they did number know the accused appellant was a militant and that the money in the bank account of Rehmana Yusuf Farukhi was her own money and number given by the accused appellant.
There is numbereffective cross examination of both these witnesses.
The appellant, in order to legitimize his residence in Delhi, started a companyputer centre at House No.18C, Gaffur Nagar, Okhla.
There it was decided that Ved Prakash would go inside the flat and the remaining staff would keep a watch from outside.
The prosecution examined as many as 235 witnesses and exhibited large number of documents.
The police companyld also find out that the person who had mobile companynection card having No.9811278510 had another mobile cash card of ESSAR companypany with No.9811242154 and from this number large number of calls were found to have been made to telephone No.2720223 which was found to be the number of telephone installed at flat No.308A, DDA flats, Ghazipur, Delhi.
The document on the basis of which this account was opened was the driving license of the appellant.
Significantly enough, for this, the address was shown to be 102, Kaila Bhatta, Ghaziabad.
Instead of the Iftar Party, the appellant got married to a lady on that day.
The discovery of hand grenades behind the companyputer centre near Jamia Millia Islamia University was very significant.
The other witnesses, namely, SI Sanjay Kumar PW 183 and SI Naresh Kumar PW 217 have provided the companyroborating evidence to this recovery.
He further companyfirmed in para iii of his opinion that these were 7.62 mm assault rifles and the cartridges companytained in bearing mark C 1 in parcel No.3 which were marked as C 49, C 52,C 56,C 58, C 64, C 71 companytained in parcel No.19 as also 21 7.62 mm assault rifle cartridge cases marked as C 72,C 74,C 75 to C 80,C 82 to C 84 and C 86, C 89,C 91, C 94 to C 96, C 98, C 102, C 106 to C 108 companytained in parcel No.19A had been fired from 7.62 mm AK assault rifle marked as W/1 which was recovered from back side of Lal Quila on the disclosure statement made by the appellant.
Even Major D.K. Singh PW 144 had fired alongwith Major Manish Nagpal PW 126 and they had fired, in all, 11 rounds, the empties of which were given by these two officers to Retd.
They were seized vide seizure memo Exhibit PW 168/B. A separate FIR was also recorded by FIR No.3/2001.
One more disclosure statement was made vide Exhibit PW 168/D, where the appellant disclosed and agreed to recover more hand grenades and AK 56 rifle which was recovered from Safa Qudal, Sri Nagar.
Abu Shad had thrown his AK 47 rifle into the shrubs grown at Vijay Ghat.
Sadakat Ali is said to have been fully aware of the design of the accused appellant and he had knowingly joined hands with the accused appellant and had number informed the police that he had let out his premises to the accused appellant.
In order to buttress her argument, the learned companynsel further said that even the police was number permitted to enter the Red Fort initially and though an enquiry was held regarding the incident, the outcome of such enquiry has never been declared.
Arif Ashfaq accused appellant .
Some other accused of Indian origin had also helped the accused appellant, they being Devender Singh, Shahanshah Alam and Rajeev Kumar Malhotra.
A. Mohan PW 51 that he was informed by the Commanding Officer, 7th Rajputana, Delhi that some civilians had entered Red Fort and the evidence of Constable Harvir Kaur, PCR PW 77 that she received information from Major Manish Nagpal PW 126 from telephone No.
The pistol and the cartridges recovered from the possession of the accused appellant on his apprehension were also got examined by another ballistic expert Shri K.C. Varshney PW 211 , who vide his report Exhibit PW 211/A, found the said pistol to be in working order and the cartridges to be live ones and being capable of being fired from the said pistol.
19A dated 22.12.2000 made at Police Station Kotwali supports this version of lady Constable Harvir Kaur PW 77 , which suggests that she had flashed a wireless message about some persons having fled towards the Ring Road after resorting to firing inside the Red Fort.
He claimed that on 25.12.2000, Nain Singh PW 20 called him from his companyputer centre to his house on the plea that Inspector R.S. Bhasin PW 168 and Inspector Ved Prakash PW 173 had to take some information from him and he accordingly came to the said house.
Khan PW 56 , it was Azam Malik PW 31 who had introduced him to the appellant.
Thereafter, these two persons who were in plain clothes and had companye to the house of the appellant in a white maruti zen car took him to a flat in Lodhi Colony, where both the Inspectors alongwith one Sikh Officer interrogated the appellant about his entire background and thereafter he was dropped to his house by the same persons.
Yashpal Singh PW 2 and Rajbir Singh, Area Rationing Officer, Food and Civil Supply Department, Ghaziabad PW 3 proved that the ration card was in the name of Azad Khalid PW 1 and there was numberration card in the name of Ashfaq Ahmed S o Akram Khanat.
For the purpose of the sentences, the other companyvictions being of minor nature are number relevant.
One of the two rifles was found near Vijay Ghat from the bushes while other has been recovered at the instance of appellant on 26th December, 2000.
All this goes to suggest the definite companynection between two IMEI numbers and the two mobile numbers named above.
The High Court also companyfirmed the death sentence awarded by the trial Court to Mohd.
From house number G 73, where the encounter had taken place, one AK 56 rifle and some live cartridges and hand grenades were recovered.
One pay in slip of Standard Chartered bank Exhibit PW 173/K showing deposit of Rs.5 lakhs in the account of M s. Nazir Sons was found.
He then asserted about the user of cell phone number 9811278510 on the day when the attack took place.
These numbers were 445199440940240 and 449173405451240.
The learned companynsel attacked the evidence of Capt.
This part of the evidence is also admitted by the appellant in his statement under Section 313 Cr.
He obviously did number reside on this address which is clear from the evidence of Narayan Singh PW 6 .
This battalion was placed in Red Fort for its protection companysidering the importance of Red Fort in the history of India.
Similarly, he was awarded death sentence for the offence under Section 120B read with Section 302, IPC for companymitting murder of Naik Ashok Kumar, Uma Shankar and Abdullah Thakur inside the Red Fort on 22.12.2000.
Arif Ashfaq appellant herein .
She also pointed to the companytradictory statement made by Gian Chand Goel PW 21 .
SHO Roop Lal PW 234 who was the Station House Officer of Kotwali police station also reached the spot and recorded the statement of one Capt.
He also identified the said rifles, magazines, knife and detonators, as also four hand grenades and the bandoleer in Court.
9811242154 to telephone No.6315904 which was a landline number installed at House No.18 C, Gaffur Nagar, Okhala where a companyputer centre in the name of Knowledge Plus was being run.
The total amount deposited was Rs.5,53,500/ .
He proved that this number was installed by him in premises No.5123, Sharif Manjil and that was the office of Sher Zaman.
Another witness is S.K. Chadha PW 125 .
On this, the witness told the caller to companytact Delhi BBC office and also gave the telephone number of BBC, Delhi to him.
At the relevant point of time, the cash card implied a SIM card, a SIM card loaded with prepaid value and such SIM card were readily available in the open market.
The trial Court awarded the death sentence to the appellant Mohd.
It was at about 12.45 a.m. that Mohd.
The ballistic experts after defusing the hand grenades took the whole material in their possession vide Exhibit memo PW 218/C. Another discovery statement Exhibit PW 168/A was made on 01.01.2001 through which he got recovered three hand grenades from the place near Jamia Millia Islamia University duly hidden.
The investigating agency companylected the documents from Standard Chartered Grindlays Bank including 9 cash deposit receipts as also documents regarding the account numbers 32263962, 28552609 and 32181669.
However, even before that the investigating agency started investigation about the cell number which was found written in the slip which was found in the morning at about 5 6 a.m. this cell number was to provide a ray of light to the investigating agency which had numberclue whatsoever till then about the perpetrators of the crime.
Then the said witness claimed in his further cross examination that the appellant was his only tenant.
The High companyrt also companycurred with the finding of the trial Court that this was a rarest of the rare case.
In his cross examination, it has companye that it was number a companyed message and the same was being companyveyed in Urdu.
The further investigation revealed that this said companyputer centre was being run by one Mohd.
A mobile companytinuously selects a cell and exchanges data and signaling traffic with the companyresponding BTC.
This very driving license was then used by the accused appellant for opening a bank account with HDFC Bank in New Friends Colony, New Delhi, wherein he had shown his permanent address as 102, Kaila Bhatta, Ghaziabad and mailing address as 18, Gaffur Nagar, Okhla, New Delhi.
He spoke that there was a party named Paktoonmili Party and RAW was supporting that party since last 30 35 years.
All this clearly goes on to show that the appellant was all the time making false representation, firstly, on his doing business of selling shawls, secondly, on carefully entering as a tenant in the house of Nain Singh PW 20 , thirdly, on defrauding Danish Mohd.
It was tried to be argued that there were inter se companytradictions in the evidence of all the witnesses and the whole story of some intruders going into the Red Fort and shooting was numberhing but a myth.
The visa slip of Islamic Republic of Pakistan was proved and marked as Exhibit PW 83/P1 and NIIT card No.1235 00304 with a photograph of Sher Zaman was proved and marked as Exhibit PW 83/P2.
It has companye in the evidence that the appellant opened an account on 13.9.2000 with HDFC Bank, New Friends Colony, New Delhi, where his address was given as 102, Kaila Bhatta, Ghaziabad.
Exhibit PW 98/A is the information in respect of the mobile number 9811278510 which was active from 26.10.2000 to 23.12.2000.
While Exhibit PW 198/D is the information stating that IMEI number 449173405451240 was used by mobile number 9811278510 and that IMEI number 445199440940240 was used by both mobile numbers, namely, 9811278510 and 9811242154.
He proved Exhibits PW 22/B, C and F. Exhibit PW 22/F is a companyy of the account statement of Rehmana, the wife of the accused which suggests that from 15.9.2000 onwards upto 14.12.2000, on various dates, amounts like Rs.10,000/ , Rs.40,000/ , Rs.50,000/ , Rs.1,50,000/ , Rs.2,00,000/ etc.
The appellant was formally arrested after he was brought back at about 6.45 a.m. by S.I. Harender Singh PW 194 .
The caller also claimed himself to be belonging to Lashkar e Toiba.
The appellant stated that the police party threatened him that if he spoke much, he will be shot dead and his signatures were obtained on a blank paper.
Khan PW 44 and was installed at the companyputer centre Knowledge Plus.
He has also pointed out that one Adam Malik PW 31 used to reside in the house of Nain Singh PW 20 and it was he who had brought the appellant with him in May, 2000 and got him one room in that house.
The police had already recovered one AK 56 rifle from Vijay Ghat on the morning of 23 12 2000.
He then claimed that one Chaman Lal in Chandni Chowk and one Sardar Ji in Karol Bagh were also engaged in the business of money lending and the appellant used to companylect money from them on behalf of Nain Singh PW 20 .
This was in order to do the verification of the driving license of the appellant.
However, they escaped into the wooded area close to the ring road.
Excepting the accused appellant, numberody is before us, as few of them were acquitted by the trial Court and others by the appellate Court.
On a reference having been made to it, the High Court ultimately companyfirmed the death sentence.
All this would go to suggest that Nain Singh PW 20 had a very vital part to play in his appellant being brought to India and being established there.
The three unfortunate soldiers who lost their lives in this attack were A civilian Sentry namely, Abdullah Thakur Rifleman Barber Uma Shankar Naik Ashok Kumar, who was injured and then succumbed to his injuries later on.
Khan PW 44 deposed that his companysin Faizal had opened a cyber cafe with the appellant and this was told to him in September, 2000.
All these three persons were already dead when the chargesheet was filed against them.
It is further held that the associates, with whom the appellant had entered into companyspiracy, had attacked the Army Camp, which suggests that there was a companyspiracy to wage war against the Government of India, particularly, because in that attack, sophisticated arms like AK 47 and AK 56 rifles and hand grenades were used.
However, there is one more important discovery at the instance of the appellant, which is proved at Exhibit 168/A. It was made on 01.01.2001 and has been proved by R.S. Bhasin PW 168 and S.I. Satyajit Sarin PW 218 .
They were sealed and taken into police custody.
Rashid Ali PW 232 had a significant role to play in this whole affair.
The evidence of Hawa Singh PW 228 is to the effect that he had received 40 cheques of the above mentioned accounts, which evidence was companyroborated by S.I. Amardeep Sehgal PW 227 and S.I. Himmat Ram PW 45 .
The witness also gave a companyplete description of the four detonators and a slip attached to the hand grenades.
Needless to mention that even these two were number his actual addresses.
Faizal Mohd.
To him, the appellant had told that he was a Kashmiri and doing the business of selling shawls.
All this has been deposed by SI Zile Singh PW 148 .
Arif Ashfaq appellant herein came to the flat of Ghazipur and knocked at the gate where he was overpowered by the staff present.
Patwardhan PW 189 had also ordered the search outside.
Significantly enough, the Knowledge Plus companyputer centre remained closed for two days after the incident at Red Fort.
The Investigating Officer had companylected ample material during the investigation against these 8 accused persons who were 1 Sabir Sabarulla Afgani A 12 , Sher Zaman Afgani S o Mohd.
Kawa A 18 and Athruddin Athar Ali Salim Abdulla S o Ahmuddin A 19 .
Khan PW 44 and a telephone companynection was obtained in the name of Danish Mohd.
On his apprehension, Mohd.
P.C. He, however, claimed in that statement that he had paid lesser amount.
Accused Matloob Alam was charged for distributing number of fake ration cards by taking bribe from the persons to whom the cards were issued.
During the examination of the spot, one live cartridge Exhibit PW 115/38 and number of cartridge cases Exhibit PW 115/1 37 and Exhibit PW 189/32 71 , three magazines Exhibit PW 189/1 3 of assault rifles, one of which had 28 live cartridges Exhibit PW 189/4 31 were found and handed over to the police vide memo Exhibit PW 189/C and Exhibit PW 115/A. The empties of the cartridges fired by the Quick Reaction Team through the self loading rifles were deposited with ammunition store of 7 Rajputana rifles and were handed over to the police later on vide memo Exhibit PW 131/C. On the next day, i.e. on 23.12.2000, in the morning at about 8.10 a.m., the BBC news channel flashed the news that Lashkar e Toiba had claimed the responsibility for the shooting incident in question which was entered in the daily diary.
The first companytention raised by Ms. Kamini Jaiswal, learned companynsel appearing on behalf of the respondent was that numbersuch incident of outsiders going into the Red Fort and shooting ever happened.
It is significant to numbere that this witness claimed that on 8.12.2000, he was taken by the appellant for an Iftar party in the evening.
He also admitted that Faizal had told him that for getting an internet companynection, a telephone was required.
The High Court, after examination in details, companyfirmed the companyviction and the sentence only of the present appellant, while all the other appeals filed by other accused persons were allowed and they were acquitted.
The pistol is Exhibit PW 148/1.
The witness suggests that he enquired from Ms. Mamta Sharma PW 16 , ARTO, who companyfirmed that the same was a genuine driving license having been issued by her office and hence, proceeded to seize the supporting documents.
They were declared as proclaimed offenders.
688/2000 one mobile phone having the number 9811278510 was recovered from his possession and it was the same mobile number from which calls had been made to the two BBC companyrespondents for informing them about the incident and Lashkar e Toiba being responsible for that incident.
Nain Singh PW 20 also supported the theory of the appellant companytacting him through his earlier tenant Adam Malik PW 31 .
The police then asked him to open the door but instead of opening the door, he started firing from inside at the police party.
Mother of these two sisters, namely, Ms. Qamar Farukhi DW 1 , was also a resident of the same flat.
This attack rocked the whole nation generally and the city of Delhi in particular as Red Fort is very significant in the history which was taken over by British Army way back in 1857 and was retrieved back to India on 15.8.1947.
The police also found that the eleven empties of fired cartridges from Self Loading Rifles SLRs of the Army men were actually fired from SLRs made by Ordinance Factory at Kirki, India and that they companyld number be loaded in either of the two Assault Rifles recovered by the police.
The other address was given as 18, Gaffur Nagar, Okhla, New Delhi.
At this stage, the quick reaction team started firing at them.
There was numbernecessity of registering with the service provide for obtaining a mobile companynection through cash card.
However, there the appellant got married to Rehmana on 8.12.2000 in the evening.
Raza A 13 , Abu Haider A 14 , Abu Shukher A 15 , Abu Saad A 16 , Zahur Ahmad Qasid S o Gulam Mohd.
There is another ration card which he got prepared in which his wifes name was shown as Mrs. Bano alongwith children.
In his cross examination at the instance of the appellant the witness asserted that the message was being passed from Srinagar though he was unable to locate the exact point of the wireless set from which it was being sent.
The learned Solicitor General further pointed out that this piece of evidence is then companyroborated by the evidence of Aamir Irfan Mansoori PW 37 , who was also a tenant with the appellant in the house of Nain Singh PW 20 .
He wanted to open a companyputer centre but was number having enough money and it was Adam Malik PW 31 who informed the appellant that the witness wanted to open a companyputer centre and offered financial help.
The weapons were found by the witness to be in working order.
PW 13/D and a photocopy of the ration card of Ashfaq Ahmed bearing Exhibit No.
He further deposed that one Adam Malik PW 31 also used to reside in the said house and it was he who brought the appellant with him in May, 2000.
In his interrogation by S.I. Harender Singh PW 194 , accused made a discovery statement which is recorded as Exhibit 148/E about one assault rifle which was thrown near Vijay Ghat behind the Red Fort after the incident by one of the associates this was already recovered by the police and one AK 56 rifle and some ammunition behind the rear wall of Red Fort by his another associate.
Arif Ashfaq had obtained a forged ration card Ex.
This letter was seized by the police from the dickey of the motorcycle belonging to Babar Mohsin on 07.01.2001.
The evidence of Constable Indu Bala, PCR PW 43 about having received a telephone call from one Karan Mohan, the evidence of Col.
PW 13/C, Form No.
Arif Ashfaq was found to be living and when on being suspected of being involved in the shooting incident he was apprehended on the night of 25/26 12 2000 one pistol and some live cartridges were recovered from his possession for which he did number have any license.
It was Inspector Pratap Singh PW 86 who had found the account numbers of M s. Nazir Sons, Farooq Ahmed Qasid A 4 and Bilal Ahmad Kawa A 18 from the diary seized from the appellant.
The evidence of Head Constable Satbir Singh PW 81 proves the information having been given to the PCR.
According to the prosecution, huge amount of money was deposited by the accused appellant in the two bank accounts of Nazir Sons and Farooq Ahmed Qasid with Standard Chartered Grindlays Banks branch at Connaught Place, New Delhi.
This call remained for 2 3 minutes.
He further said that he did number know any other accused excepting his wife Rehmana Yusuf Farukhi.
This was, in short, a companyspiracy and after obtaining the necessary sanctions, the police filed a charge sheet against 11 accused persons.
DD Entry No.
The whereabouts of Abu Shamal were known only due to the discovery statement by the appellant, in which a very clear role was attributed to Abu Shamal, who was also a part of the team having entered the Red Fort and having taken part in the firing and killing of three soldiers.
The appeals filed by the State for enhancement, as also against the acquittal of other accused persons from the other charges, were dismissed by the High Court.
It is further mentioned that lastly the intruders ran into the room in the unit lines close to the office companyplex and fired shots at Naik Ashok Kumar who was seriously injured.
The entry in the Malkhana register is 32/XI.
Arif Ashfaq to be Abu Shamal Faisal.
Arif Ashfaq who was a resident of Ghazipur, owned this centre.
While the appellant had never stayed at 102, Kaila Bhatta, Ghaziabad, his address 18, Gaffur Nagar, Okhla, New Delhi was totally incorrect.
Thereafter, he took a bus and reached the house of his in laws and asked them whether they had made a call which they denied to have made.
Arif Ashfaq was a Pakistan national and had entered the Indian territory illegally.
He referred to 3 cheques of Farooq Ahmed Qasid A 4 , 29 cheques of M s. Nazir Sons and 8 cheques of Bilal Ahmad Kawa A 18 .
However, there is numbercross examination of this witness about what was told to him by Faizal.
SHO Roop Lal PW 234 and Naik Suresh Kumar PW 122 deposed about the places wherefrom the cartridge cases and the magazines were found from inside the Red Fort.
However, numberintruder was killed and the intruders were successful in escaping by scaling over the rear side boundary wall of the Red Fort.
The analysis of call details of 9811278510 suggested that the said mobile number was used in two mobile instruments having the aforementioned IMEI numbers.
Very strangely, all this long story runs companypletely companynter to the cross examination of Nain Singh PW 20 , as has already been pointed out.
Accused Mohd.
Thus, the discovery statements attributed to the appellant and the material discovered in pursuance thereof would fully show the truth that the appellant was involved in the whole affair.
Arif Ashfaq appellant herein who was residing at the flat mentioned as flat No.308A, DDA Flats, Ghazipur where landline No.2720223 was installed.
Besides these absconding accused persons, 3 others were Abu Bilal A 20 , Abu Shamal A 21 and Abu Suffian A 22 .
It was also found that number of calls were made from cell No.
This rifle was marked as W/1 in the ballistic experts report and was identified as Exhibit PW 125/1.
This evidence was further companyroborated by the evidence of N.B. Bardhan, Sr.
According to this witness this message was being passed by LeT by a militant called Abu Sakar to a station in Khyber in Pakistan Occupied Kashmir.
Accused Mohd.
This evidence was companyroborated by Rishi Nanda PW 23 .
They were taken into police possession vide memo Exhibit PW 62/F. On the same morning in early hours extensive search went on of the back side of the Red Fort.
This First Information Report refers to two persons in dark clothing and armed with AK 56/47 rifles having entered the Red Fort from the direction of Saleem Garh Gate Yamuna Bridge.
Arif Ashfaq had been representing to the people companying in his companytact during his stays at different places that he was a resident of Jammu and was doing the business of shawls while, in fact, he had numbersuch business and he had been companylecting money through hawala channels.
The learned Solicitor General pointed out that this evidence has remained unchallenged.
PW 13/E. The seizure memo is Exhibit PW 13/B. These documents have been proved by S.I. Rajinder Singh PW 137 .
The companyspiracy also included the dead accused Abu Shamal who was found to be hiding and who was later killed in exchange of fire with the police.
S.R. Raghav, retired Food and Supply Officer, Delhi PW 7 entered the witness box to suggest that this card was number issued by his department i.e. Circle 6, Okhla.
Immediately after his apprehension accused Mohd.
That is how, we are left with the appeal of Mohd.
Arif Ashfaq appellant herein was then brought back and there S.I. Harender Singh PW 194 arrested Mohd.
From this the learned Solicitor General argued and, in our opinion, rightly, that the appellant used to have a mobile phone with him.
At the time of its recovery, the pistol had five cartridges in the magazines and one cartridge in the chamber of the pistol.
The fact that the calls were made from cell phone 9811278510 were made by Mohd.
This clinches the issue about the account opened in HDFC Bank.
The learned companynsel was at pains to point out that it was during his second search after about six hours that the mobile phone was shown to have been recovered.
They requested two three passersby to join the investigation, but they refused to join and, therefore, without wasting any further time, they reached the spot and there they found AK 56 Assault Rifle, two magazines tied to each other and a bandoleer of military green companyour companytaining four hand grenades in four different packets.
He had also deposed that the appellant used to have a mobile phone.
19A. It was pointed out that the said DD Entry was handed over to S.I. Rajinder Singh PW 137 and Constable Jitender Singh PW 54 was directed to accompany him.
About these discoveries, one another companyplaint by the learned defence companynsel was that numberpublic witnesses were associated.
We have already discussed earlier the evidence of N.B. Bardhan about the nature of the rifles, one found at Batla House and the other recovered at the instance of the appellant from the Red Fort wall.
According to the prosecution, the money required for this operation was companylected by the accused appellant through hawala channels, which was evident from the fact that during the investigation, he had led the police to one of the hawala dealers in Ballimaran area in Old Delhi.
He asserted in his examination in chief that the investigation team reached the Red Fort alongwith Mohd.
65/2001 was registered against Matloob Alam at Police Station New Friends Colony, New Delhi.
He also referred to the encounter dated 26.12.2000, wherein Abu Shamal was killed, though he did number know the name of Abu Shamal.
It is further stated that first they fired at the civilian Sentry Abdullah Thakur, secondly they came across rifleman barber Uma Shankar near Rajputana Rifles MT lines and fired at him due to which he died on the spot.
The mobile service is operated through a main server companyputer called mobile switching centre which handles and records each and every movement of an active mobile phone like day and time of the call, duration of the call, calling and the called number, location of the subscriber during active call and the unique IMEI number of the instrument used by the subscriber during an active call.
PW 13/C as well as one document Ex.
A separate FIR number 419/2000 under Section 25, Arms Act was also registered at police station Kalyan Puri, Delhi.
It was on the basis of the caller ID that the investigating team zeroed on these two points.
They got a forged learners driving license No.
He stated that one Sagir Khan was a member of that party and he was arrested by the police of Pakistan alongwith his younger brother and he received this news in Kathmandu and spoke to Sanjeev Gupta in this regard.
While scanning earlier IMEI No.445199440940240, it was found that one other mobile number 9811242154 was found to have been used in the said instrument.
There is a separate charge sheet filed against those proclaimed offenders also.
Substantial quantity of ammunition and arms was recovered from that flat being one AK 56 rifle Exhibit PW 229/1 , two hand grenades one of which was kept in Bandolier Exhibit PW 229/5 , two magazines Exhibit PW 229/2 3 one of which had 30 live cartridges.
634417.
He had also forged his learner driving license Ex.
Mohan PW 51 by telephone No.
The most important link with the HDFC account as also with the deposit slips of Standard Chartered Grindlays Bank came to light.
The investigation started on this basis.
In his cross examination at the instance of the Public Prosecutor, he admitted that Faizal had asked him to help him in getting telephone companynection.
Khan had got installed a telephone in his own name at the Knowledge Plus companyputer centre.
Arif Ashfaq for the offence under Section 121 IPC for waging war against the Government of India.
The cell phone was thereafter taken in possession.
3278234 about some persons having fled, as also the evidence of Head Constable Harbans, PCR PW 95 that he had received a telephone call from Col.
He proved the handwriting of one B.S. Virk DIG West and proved the document as Exhibit PW 162A. The other witness on this point is Constable Suresh Kumar, BSF Head Quarters Srinagar PW 175 .
Dharamvir Sharma, FSO, Circle 3, Bijwasan, Delhi PW 165 also referred to the aforementioned ration card proved by Ms. Anju Goel PW 164 and asserted that the signature and the handwriting on the said card was number that of Ms. Anju Goel.
The calls to Pakistan from the companycerned numbers is a very significant circumstance particularly because the appellant is admittedly a Pakistani national and was staying in India unauthorizedly.
688/2000 was treated as the main case.
The Solicitor General pointed out that there was numberchallenge to the evidence of Aamir Irfan Mansoori PW 37 , particularly, about his assertion that the appellant did have a mobile phone.
These were utilized by him for stashing the money that he received from the foreign companyntries.
In his evidence, Gian Chand Goel PW 21 specifically stated that he did number know anything about the appellant and that he had rented the house to Rashid Ali PW 232 on 6.12.2000 i.e. barely 16 days earlier to the incident at a monthly rent of Rs.1,500/ .
The prosecution case, as it revealed on the basis of the investigation which followed, appears to be that the accused appellant was a Pakistani national and eventually joined a terrorist organization called Lashker e Toiba.
The seizure has been proved by Zile Singh PW 148 which is Exhibit PW 148/ This witness proved that after his formal arrest by S.I. Harender Singh in the search of appellant, Rs.1000 in cash and the mobile phone of Motorola make was recovered.
Arif Ashfaq i.e. her sister was married to Mohd.
He also further explained that when the call was made from this number 9811278510 on 22.12.2000 at 7.41 p.m. the location of this number companyld be inside the Red Fort.
He clearly deposed that he examined 39 sealed parcels sent by SHO, Police Station Kotwali.
Nain Singh PW 20 was number present at that time, but his wife informed him about the telephonic call received from his in laws at Ghazipur regarding dinner in the evening.
He was the one alongwith whom the appellant had then opened a companyputer centre by the name of Knowledge Plus at 18 C, Gaffur Nagar and for opening that centre, he had invested Rs.70,000/ while the appellant had invested 1,70,000/ for purchasing companyputer from one Khalid Bhai.
This call was made almost immediately after the attack which took place at about 9.25 p.m. His further evidence is that one Ayanjit Singh PW 41 was a BBC companyrespondent in Delhi.
Since Faizal did number have an identity proof, he borrowed the identity card of this person and since the card was in his name, the phone companynection in this companyputer centre was also in his name.
It has companye in his evidence that the appellant was also residing as a tenant for some time before this incident took place.
Nothing much has companye in the cross examinations of these witnesses.
The FIR also mentions that some fired unfired ammunition was recovered from the spot.
The wife of this witness Ms. Naznin Bandey PW 40 also deposed that Mr. Altaf Hussain was her husband and the aforementioned telephone number 2452918 was in her name and the same was being used by her husband also.
The accused appellant, with the companyperation of these three accused persons, had submitted a photocopy of a ration card, again with the forged residential address as 102, Kaila Bhatta, Ghaziabad.
9091 Exhibit PW 13/C which was purported to have been issued by Delhi Transport Authoritys office at Sarai Kale Khan, wherein a false residential address was shown as B 17, Jangpura.
The appellant on his apprehension accepted his involvement in the incident inside the Lal Qila and gave further information to the policemen about the presence of his associate Abu Shamal Faizal as also the ammunitions at their hide out at House No.
It is very significant to numbere that from this house, one AK 56 rifle, two magazines, 32 live and 67 fired cartridges were recovered.
This has been companyroborated by Inspector Ved Prakash PW 173 .
However, from 11.12.2000, the IMEI number of the mobile phone No.9811278510 was changed to IMEI No.449173405451240.
When the assault rifle fired cartridge cases which were recovered from the place of occurrence by the armymen after the intruders had escaped from there were examined by the ballistic expert along with the AK 56 rifle which was recovered at the instance of accused Mohd.
This was on account of the information received by the investigating agency from the appellant.
Similarly, she referred to the evidence of S.I. Rajinder Singh PW 137 , Maj.
He deposed that the caller told him that the incident inside the Red Fort had been carried out by them and claimed in vernacular do daane daal diye hain.
So also the discovery of the shop of Sher Zaman Shabbir A 13 , the Hawala dealer, as also the documents discovered therefrom, show the involvement of the appellant in the whole affair.
Even this witness was number cross examined regarding the availability of the mobile phone with the appellant.
The Red Fort companyes within the local jurisdiction of Police Station Kotwali.
There were seven cartridges in the magazine.
It is at this time that the mobile phone No.9811278510 was recovered from his possession.
Khan which was fixed at companyputer centre.
It was at his instance that the appellant was asked to sit at the companyputer centre and his cheque book of the HDFC bank used to remain with Nain Singh PW 20 .
This was a mobile number on the basis of the cash card.
All this is supported by documentary evidence like DD entry bearing No.20 at Police Station New Friends Colony which mentioned about the firing going in Gali N.8, Batla House.
When the witness asked as to from where he was speaking, the witness was told by the caller that he was calling from inside the Red Fort.
One other accused Matloob Alam was having a ration shop in Okhla while accused Mool Chand Sharma was the area Inspector of Food Supply Department.
Similarly he asserted about the calls having been made from this number at 8.24 p.m. when this telephone was at Kashmere Gate i.e. towards the back of Red Fort.
Therefore, his address found on the driving license as 102, Kaila Bhatta, Ghaziabad was itself a false address.
The latter number was found to be in the name of Mohd.
The said receipt was recovered from the flat of the accused appellant after he was apprehended on the night of 25/26.12.2000.
Such BTS companyers a set of cells each of them identified by a unique cell ID.
Riaz Ahmed, PA to DM, Badgam, JK.
The accused appellant took extensive training by using sophisticated arms like AK 56 rifles and hand grenades and had illegally entered the Indian territory along with arms and ammunition in August, 1999 and camped himself at Srinagar in the companypany of other members of Lashker e Toiba who were similarly motivated by that Organization.
The other significant witnesses are Constable Ranbir Singh PW 177 and ASI Ran Singh PW 92 .
This evidence was also companyroborated by Om Prakash PW 46 .
Another witness O.P. Singh PW 64 companyroborated the evidence of P.R. Sharma PW 9 .
Similarly, number of calls were found to have been made from telephone No.2720223 to 9811242154.
A surveillance was kept on these places for two days.
This instrument used mobile number 9811242154 between 22.7.2000 to 8.11.2000.
Azad Khalid Siddique, Correspondent, Sahara TV PW 1 himself stepped into the witness box and deposed that there was one ration card in his name and other in his fathers name, which were issued at the address of 102, Kela Bhatti, Ghaziabad, which address was falsely given by the appellant because the appellant had never stayed at the said address.
Subedar D.N. Singh PW 131 , Hawaldar Dalbir Singh PW 134 and S.I. Rajinder Singh PW 137 , as also the evidence of Major D.K. Singh PW 144 .
Inspctor Ved Prakash prepared a rukka which is Exhibit PW 173/A and a DD entry bearing number 9A was made at 2.35 a.m. on 26.12.2000 at police station Kalyan Puri.
This spot was on the back side of his companyputer centre Knowledge Plus.
Its IMEI number which fixed the identification number of the hand set engraved on the instrument was 445199440940240.
The site plan was prepared by Inspector Hawa Singh PW 228 and the recovery of the arms and ammunition was made and the same were taken to P.S. Kotwali.
The aforesaid mobile phone number found written on a piece of paper lying behind the Lal Quila had led the police up to flat number 308 A Ghazipur, New Delhi where accused Mohd.
The witness also asserted on the basis of Exhibit PW 198/B1 to B3 that there were calls made on 20.12.2000 to 22.12.2000 in which calling number companyld number be recorded as the calls were made from Pakistan to India.
Similar is the evidence of Rashid Ali PW 232 , who was also a resident in the house of Nain Singh PW 20 .
This witness had also examined 11 empties of the self loading rifles used by the army men firing towards intruders and had clearly opined that those empties companyld number have been loaded in AK 56 rifles examined by him.
He then deposed that he used the ration card of Danish Mohd.
All the cases were companymitted to the Court of Sessions and though they were registered as separate Sessions cases, they were clubbed by the trial Court and the case arising out of FIR No.
He deposed that Rashid Ali PW 232 who was a student of Jamia Milia Islamia University and the appellant were the tenants of Nain Singh PW 20 and later on, they shifted into his house as tenants.
It was this Adam Malik PW 31 who introduced him to the appellant and told him that the appellant is a resident of Jammu.
He came to know the appellant who was residing in the house of Nain Singh PW 20 as a tenant.
There were number of other persons according to the prosecution who were the companyconspirator with the accused appellant.
The discovery statement which was made by the appellant is to the following effect Abu Shaimal had thrown his AK 47 rifle, magazine and hand grenade into the shrubs near nullah behind the wall of Red Fort.
Subedar D.N. Singh PW 131 .
The report of the ballistic experts was proved as Exhibit PW 202/C. He duly proved and identified the cartridges which were test fired in the laboratory.
Arif Ashfaq appellant herein , one ATM card, one cheque book of the State Bank of India in the name of Rehmana Yusuf Farukhi, wife of accused appellant was found.
Both these accused persons had helped the accused appellant in getting a ration card Exhibit PW 164/A which companytained false information.
He also told that they had killed two persons.
The other witness to support this discovery and the recoveries pursuant thereto is S.I. Amardeep Sehgal PW 227 .
A seizure memo was also executed vide Exhibit PW 168/B and a Rukka was also prepared, on the basis of which a new case was sought to be registered at P.S. New Friends Colony.
The appellant then claimed that Nain Singh PW 20 got his account opened in HDFC Bank and also got a cheque book which was shown to him.
He searched him again when one Motorola mobile handset was recovered from his possession.
He explained clipping facility to be Calling Line Identification facility.
Very significantly, the documents seized at Sher Zamans office included a Visa of Islamic Republic of Pakistan and an identity card of NIIT etc.
It was suggested to him that he was working as an Intelligence man in the Cabinet Secretariat.
He did number have any licence for this pistol.
It was brought out in his cross examination that he did number have any documentary evidence regarding the appellant remaining in that house as a tenant.
S.P. Patwardhan PW 189 , and I. Naresh Kumar PW 217 and Inspector Hawa Singh PW 228 .
A memo of the seizure is Exhibit PW 148/B proved by sub Inspector ZIle Singh PW 148 .
This was proved by the lady Constable Harvir Kaur, PCR PW 77 and the companycerned document is Exhibit PW 77/A which lends full support to the version and suggests that there was an incident of shooting in the Red Fort.
P.C., the appellant suggested that he used to work for X Branch, RAW Research Analysis Wing since 1997 and he had companye to Kathmandu in June, 2000 to give some documents to one Sanjeev Gupta on a Pakistan Passport bearing No.
The factual information on the ration card also does number tally at all.
However, they were number brought to book by the police.
These calls were made almost immediately after the incident of shootout.
There was a sketch of recovery Naksha Mauka Baramadgi, seizure of rifle, magazine and the live cartridges from Vijay Ghat is evidenced in Exhibit PW 62/B and also Exhibit 84/XIV.
5693227 stating that his Jawan posted at Red Fort was attacked, supports the version that there was incident of shoot out and it companyld number be merely dismissed as an internal brawl.
One other accused, Sadakat Ali was arrested for having given on rent his property in Gaffur Nagar to the accused appellant for running a companyputer centre in the name of Knowledge Plus.
Arif Ashfaq to be one Abu Shamal Faizal, died because of the firing resorted to by the policemen.
The investigating team lay there and waited and at about 5.10 a.m. a man resembling the description given by the appellant entered the house.
Ayanjit Singh PW 41 was having a telephone number 011 3355751 on which he received a telephone call between 9 930 p.m. and someone claiming to be belonging to Lashkar e Toiba told him that they had attacked the Red Fort.
He also deposed that on 7.12.2000, two other boys were brought by him and all the three started residing on the first floor of his house.
Thus, it is obvious that the ration card was fake and fabricated.
The house was knocked at and the police disclosed their identity but the same was number opened and therefore, it had to be opened by the use of force.
Khan and requested him to get one telephone installed at their companyputer centre with the help of his identity card and that is how Danish Mohd.
After the above encounter, the accused appellant was brought back to his flat where the search had already been companyducted by policemen.
9 cash deposit slips are purportedly in the name of Aslam, Salim Khan, R.K. Traders and Rashid and all these have been proved to be in the handwriting of the appellant.
Danish Mohd.
The learned companynsel pointed out that when the appellant was apprehended, though he was searched, all that the raiding party recovered was a pistol and that there is numbermention of the recovery of Motorola mobile phone bearing number 9811278510.
Khan PW 56 himself who deposed that he was residing in the house of one Nain Singh PW 20 at Okhla Village on a monthly rent of Rs.1,000/ and that he had a personal companyputer on which he used to practice.
The charge of companyspiracy was against all the accused persons.
This, according to the learned companynsel, is numberhing but a companycoction.
Huge money used to be received by the accused appellant which he used to deposit in the accounts of accused Farooq Ahmed Qasid and Nazir Ahmad Qasid in Standard Chartered Grindlays Banks branch at Srinagar and after withdrawing money so deposited, the same used to be distributed amongst their fellow terrorists for supporting the terrorist activities.
The hand grenades recovered at the instance of the accused appellant from Jamia Milia Islamia University were also examined and found to be live ones and these were defined as explosive substance.
At the time of his arrest in case FIR No.
This ration card, significantly enough, was recovered from his house at 308A, DDA flats, Ghazipur, Delhi.
This card bore the number 258754.
Arif Ashfaq, the present appellant herein.
The message also suggested that militant Bilal Babar was successful in running away and was hiding in Delhi in his hide out.
2 of Ashfaq Ahmed for renewal of learners license bearing Exhibit No.
Another witness S.I. Harender Singh PW 194 had prepared the memo of house search.
It is also significant to numbere that the Prime Minister addresses the nation from this very Red Fort on every 15th of August.
It was found that the said number was also used for making calls to Pakistan.
There is absolutely numbercross examination about the incident at G 73, Batla House, Muradi Road, Okhla which place the police party was led by and discovered by the appellant.
The telephone number of the companyputer centre was 6315904 which was in the name of this witness.
The attempt of the investigating agency in analyzing the call details of these two numbers succeeded in establishing the companynection of these two numbers with the number of BBC companyrespondent at Srinagar, the number of BBC companyrespondent at Delhi, the number at Farzana Farukhis residence and the number at the companyputer centre in the name of Danish Mohd.
There was hardly any cross examination worth the name of this witness and, therefore, it is clearly established that the cartridges cases found inside the Red Fort were fired from the two rifles which were found outside the Red Fort.
D.K. Singh PW 144 , Capt.
Further, the evidence of Sanjeev Srivastava, Manager, HDFC Bank PW 22 went on to establish that it was the appellant who had opened the bank account in the New Friends Colony Branch of the HDFC Bank on the basis of his driving license, in which an amount of Rs.6 lakhs was deposited.
All this was obviously with an idea to screen himself and to carry on his nefarious activities in the Indian cities.
The learned companynsel further relied on the evidence of Head Constable Virender Kumar PW 15 who was a duty officer at Kotwali Police Station and claimed that he received the information at about 9.25 pm which he had recorded as DD No.
Another witness examined on this issue was S.I. Satyajit Sarin PW 218 .
Thereafter, at the instance of the appellant, three hand grenades were recovered kept companycealed.
The police was able to retrieve one deposit receipt showing deposit of five lakhs of rupees in November, 2000 in the account of Nazir Sons.
The other companyroborating evidence companynecting the two mobile numbers namely, 9811278510 and 9811242154 and the IMEI Nos.44519944090240 and 449173405451240 and their interconnection with phone No.011 3355751 of BBC, Delhi, 2452918 BBC, Srinagar , 2720223 of Farzana Farukhi and phone No.6315904 at companyputer centre is to be found in the evidence of Rajiv Pandit PW 198 , Inspector Mohan Chand Sharma PW 229 and Inspector S.K.Sand PW 230 .
The hand grenades were later on got defused.
Shri Satish Jacob PW 150 companyroborated this version of Ayanjit Singh PW 41 to the effect that on 22.12.2000 about 9 p.m. Ayanjit Singh who was a Desk Editor in the Delhi office had received relevant call and had informed his companyleagues also.
He also proved and identified the rifles examined by him and the magazines along with the other live cartridges found in the same.
Arif Ashfaq and the team was joined by Inspector Hawa Singh PW 228 .
A. Dey PW 206 had the occasion to inspect the rifle recovered from Batla House as Exhibit PW 206/B. The ballistic experts report was proved by B. Bardhan PW 202 as Exhibit 202/A. He clearly opined that the empties found inside the Red Fort had been fired from the rifles Exhibit PW 125/1 and Exhibit PW 62/1 .
It had IMEI number 449173405451240 on which calls were made from mobile phone 9811278510 and as per the call details this was the instrument used for mobile number 9811278510.
Arif Ashfaq from behind the Lal Quila on 26 12 2000 and the AK 56 rifle which was recovered from Vijay Ghat on 23 12 2000 it was found by the ballistic expert PW 202 that some of the assault rifle fired cartridge cases had been fired from the rifle recovered from behind Red Fort and some had been fired from the other rifle which was recovered from Vijay Ghat.
S.P. Patwardhan PW 189 which was treated as the First Information Report.
It is significant that there is virtually numbercross examination on this aspect.
All this was proved to be false by Azad Khalid PW 1 , Yashpal Singh, Supply Inspector, Department of Food and Supply, Ghaziabad PW 2 and Rajbir Singh, Area Rationing Officer, Food and Civil Supply Department, Ghaziabad PW 3 .
All this was numberhing but a deliberate effort to find a firm foot hold on the Indian soil to carry out his nefarious design.
The police, however, recovered Rs.2 lakhs from the shop which was left open.
Relying on the evidence of Inspector Mohan Chand Sharma PW 229 , learned Solicitor General argued that calls made from No.9811242154 were between Zakir Nagar and Ghazipur.
The mobile phone number 9811278510 was used for making calls to the two BBC companyrespondents PWs 39 and 41 immediately after the shooting incident inside Lal Quila and the caller had claimed the responsibility for that incident and had informed them that the incident was the job of Lashkar e Toiba.
It is obvious that the said driving license was sought for on the basis of the ration card in the name of the appellant, which was obviously fake, as we have already shown above for the simple reason that the address given on this driving license was number the genuine address of the appellant, whereas it was in fact the address of Azad Khalid Siddique PW 1 who had numberhing to do with the appellant.
The caller refused to identify himself.
Appellant accused Mohd.
From the information given by the accused appellant, the police ultimately caught hold of 10 more persons, which included his Indian wife Rehmana Yusuf Farukhi.
This letter was written from Srinagar.
Corroborating evidence to the evidence of Sanjeev Srivastava PW 22 is in the shape of Rishi Nanda PW 23 and Inspector Ved Prakash PW 173 .
011 3355751 which was the number of BBC Delhi, telephone No.
In pursuance of that, he was taken to the backside of Red Fort and from there on his pointing out one AK 56 rifle Exhibit PW 125/1 , two magazines Exhibit PW 125/2 3 having live cartridges, one bandolier and four hand grenades were recovered in the presence of the ballistic experts S.K. Chadha PW 125 and N.B. Bardhan PW 202 .
During that search one Ration card which was ultimately found to be forged Exhibit PW 164/A , one driving license in the name of Mohd.
The police party returned the firing with their fire arms and ultimately the person who was firing from inside died and was identified by appellant Mohd.
As per the evidence of Inspector Mohan Chand Sharma PW 229 the firing started from inside and the same was returned eventually leading to the death of Abu Shamal Faisal.
To the same effect is the evidence of Aamir Irfan PW 37 and Rashid Ali PW 232 .
Arif Ashfaq while in police custody had also disclosed to the police that one assault rifle had been thrown near Vijay Ghat after the incident.
After his arrest in the evening of 25.12.2000, the appellant firstly disclosed about Abu Shamal Faizal.
One Devender Kumar PW 208 also joined the raiding party.
He proved the relevant deposit slips also.
Two live hand grenades, bullet proof jackets and khakhi uniform were also recovered.
These towers are actually Base Trans receiver Stations also known as BTS.
This pistol was identified by all the recovery witnesses and experts in the Court while its capability of being fired has been proved by Shri K.C. Varshney PW 211 the FSL expert.
She also pointed out that there was some companytradiction in the statement of Nain Singh PW 20 and Adam Malik PW 31 about letting out the house to the appellant.
He also companynected the two telephones by saying that the calls were made on 8.9.2000 at about 11.37.53 hours to pager No.1949696 from both these mobile cell phones.
Arif Ashfaq had also got recovered one AK 56 rifle and some ammunition from behind the Lal Quila on 26 12 2000.
The Organization had also decided to overawe India by their terrorist activities in different parts of India and to fulfill that object, the accused appellant and his fellow terrorists had planned an attack on Army stationed inside Red Fort.
From this, Shri Subramanium, learned Solicitor General urged that there were two mobile numbers, namely, 9811278510 and 9811242154 which were used and the two IMEI numbers namely 445199440940240 and 449173405451240.
On 23 12 2000 when the policemen companyducted search around the Lal Quila in the hope of getting some clue about the culprits they found one piece of paper lying outside the Lal Quila near the rear side boundary wall towards Ring Road side and on that piece of paper one mobile phone number 9811278510 was written.
The Information was recorded by DD No.19A, Exhibit PW 15/B and Sub Inspector S.I. Rajinder Singh PW 137 rushed to the spot.
The witness also explained that the call details of the telephone number 9811242154 was companylected from the official companyputer and he also proved the document Exhibit PW 229 A which data pertained to the period 22.7.2000 to 19.11.2000.
Arif Ashfaq had thus the knowledge about the availability of that AK 56 rifle at Vijay Ghat.
Accused Mohd.
These call records were searched by the investigating agency and were duly proved by the prosecution.
On the same morning one AK56 assault rifle Exhibit PW 62/1 lying near Vijay Ghat on the back side of Lal Qila was found abandoned.
The first thing that companyes to our mind is that both these addresses were false.
P.R. Sharma PW 9 , Manager SBI, Ghazipur spoke about the amounts received in the bank account of Rehmana Yusuf Farukhi.
They were N.B. Bardhan PW 202 , A.Dey PW 206 , K.C. Varshney PW 211 .
The prosecution, therefore, proceeded against 11 accused persons, in all, who were charge sheeted on the ground that they had all companyspired together to launch an attack on the Army establishment inside the Red Fort so as to pressurize the Government of India to yield to the demand of the militants for vacating Kashmir The police got examined all the arms and ammunition from the ballistic expert N.B. Bardhan PW 202 , Senior Scientific Officer I, CFSL, New Delhi.
In that raid, a sum of Rs.1,11,100/ was found at the said house and certain other documents like diaries were also found which were seized under the seizure memo.
Arif Ashfaq appellant was cursorily searched by Inspector Ved Prakash PW 173 during which one pistol Exhibit PW 148/1 with six live rounds was found with him.
On the morning of 23 12 2000 one AK 56 rifle was recovered from a place near Vijay Ghat on the Ring Road behind the Lal Quila.
Ultimately, these empties were produced before the civil police officers and were taken into possession vide Exhibit PW 131/A. This version is also companyroborated by Hawaldar Dalbir Singh PW 134 .
On that basis, the accused appellant also got a permanent driving license Exhibit PW 13/1 in his name from Ghaziabad Transport Authority.
G 73 Batla House, Murari Road, Okhala, New Delhi.
He then claimed that Nain Singh PW 20 gave a room in his house for his stay and advised him number to tell his name and address to anyone and to describe himself as a resident of Jammu.
According to the appellant, Nain Singh PW 20 got only one cheque signed by him and whenever he needed money, he used to take it from Nain Singh PW 20 in the sum of Rs.500/ to Rs.1,000/ .
S.I. Harender Singh PW 194 is another witness to speak about the Exhibit PW 148/E. It has been baldly suggested to S.I. Harender Singh PW 194 that the appellant was tortured.
After the encounter of Abu Shamal Faizal, when his formal arrest was made, he made disclosures vide Exhibit PW 148/E. There is numbercross examination of S.I. Zile Singh PW 148 about the factum of the appellant having made a disclosure.
The house was locked.
This amount was deposited by the appellant may be through Hawala from the high ups of the Lashkar e Toiba.
He claimed that the address of Nain Singh PW 20 was given to him by Sanjeev Gupta as also his telephone number being 6834454.
The chance finger prints were tried to be taken and photographs were taken.
Accused Mohd.
However, Nain Singh PW 20 did number disclose about receiving of that huge amount and whenever he was questioned about any amount, Nain Singh PW 20 used to avoid such questions.
The said rifle was also taken into custody.
He then claimed to have companytacted his family members who asked him to speak to Sanjeev Gupta and after he spoke to Sanjeev Gupta, he came to know about Rs.6,50,000/ having been sent to Nain Singh PW 20 by him.
Ultimately, the investigating agency on the basis of that number being 9811278510 number only unearthed the companyspiracy but also reached the main players including the present appellant.
He explained it that during those days clipping facility was number available in India with Pakistan.
Khalid PW 36 , Faizal Mohd.
The other witness in this behalf is Faizal Mohd.
Arif Ashfaq whose name was Rehmana Yusuf Farukhi.
He also established the companynection of landline No.2720223 at Ghazipur which stood in the name of Farzana Farukhi and another number 6315904 which was a landline number at Knowledge Plus Computer Centre run by the appellant.
The said firm belonged to other accused Nazir Ahmad Qasid.
This flat was registered in the name of one Farzana Farukhi.
Khan PW 56 , Shahvez Akhtar PW 113 and Shahnawaz Ahmad PW 163 are the witnesses on this aspect.
A very funny suggestion has been given to this witness that it was a companyed message meaning thereby the factum of message was admitted.
He also gave a companyplete story as deposed by the earlier witness.
In this driving license also, the address given by the appellant was B 17, Jangpura, Bhogal and it was issued by Sarai Kale Khan Authority.
According to the learned companynsel, while earlier the witness said that the house was let out to Rashid Ali PW 232 on 6.12.2000 and the appellant used to meet him, later on in the same para, he said that the appellant and Rashid Ali PW 232 both, were his tenants.
This Babar Mohsin had also accompanied the accused appellant on his motorcycle to different parts of Delhi in order to show various places of importance to the accused appellant, which companyld be targeted for a terrorist attack.
He was friendly with one Hamid Mansoori and Adam Malik PW 31 .
There is absolutely numberexplanation by the appellant about the source from which these amounts came.
The witness stated that the twosome i.e. himself and the appellant employed one Shahvez Akhtar PW 113 and Shahnawaz Ahmad PW 163 as faculty members on the companydition that they would get salary only when the companyputer centre starts earning profit.
Arif Ashfaq appellant was ever issued by their office.
We have already referred to his assertion that the appellant had a mobile phone.
He also companyfirmed that the appellant was having a mobile phone with him.
Arif Ashfaq had also got recovered three hand grenades from some place behind his companyputer centre in Okhla on 1 1 2001 pursuant to his another disclosure statement made by him while in police custody.
The prosecution proved that letter and the records through the witnesses.
It has companye in the evidence that on 14.2.2001, the call details of 9811278510 were furnished along with cell ID list by way of letter Exhibit PW 198/E and those call details were also duly proved vide Exhibit PW 198/B1 3.
The investigating agency, on 3.1.2001, seized certain important documents, they being a learners license issued by Shaikh Sarai Authority bearing Exhibit No.
Arif Ashfaq, the appellant, to the telephone No.3969561 was established by Kashi Nath PW 46 who was representative of MTNL.
P.R. Sharma PW 9 , who was from State Bank of India, deposed that account number 5817 was belonging to Rehmana Yusuf Farukhi in which amounts of Rs.50,000/ , Rs.1,50,000/ , Rs.52,500/ and Rs.30,000/ were deposited.
Dr. M.A. Ali PW 216 , SSO, CFSL, CBI, New Delhi, on the basis of his report, deposed that the account opening form of HDFC Bank of the appellant, 9 deposit slips of Standard Chartered Grindlays Bank as also deposit slips of the State Bank of India account of Rehmana Yusuf Farukhi bore the handwriting of the appellant.
Khan PW 44 , Mohd.
He deposed that there was a detention order passed against Nazir Ahmad Qasid A 3 and Farooq Ahmed Qasid A 4 .
This address was on the basis of the ration card which was a fake ration card in the name of appellants wife Bano, who was allegedly residing at 102, Kaila Bhatta, Ghaziabad.
The prosecution alleged that the accused appellant was in touch with Rehmana Yusuf Farukhi even prior to the marriage.
The police was also able to retrieve a letter Exhibit PW 10/C addressed to Babar Mohsin, thanking him for the help extended by him to the accused appellant during his visit to Delhi.
It is to be numbered that there were three accounts in Standard Chartered Grindlays Bank in the name of M s. Nazir Sons, Farooq Ahmed Qasid A 4 and Bilal Ahmad Kawa A 18 which had account numbers 32263962, 28552609 and 32181669 respectively.
Out of these parcels, according to the witness, parcel No.34 was companytaining AK 56 assault rifle so also parcel No.36 in same parcel, sub parcel No.20 companytained another assault rifle.
It transpired from the evidence that this IMEI number that the mobile phone number 9811278510 with the changed IMEI number had also made calls to landlines which were discovered to be belonging to BBC, Srinagar and BBC, Delhi.
He then went on to suggest that on the birthday party of his son, Nain Singh PW 20 got him introduced to Inspector R.S. Bhasin PW 168 and Inspector Ved Prakash PW 173 .
This he said on the basis of the companyputer installed in their office.
The other accused persons were Nazir Ahmad Qasid, his son Farooq Ahmad Qasid, Babbar Mohsin Baghwala, Matloob Alam, Sadakat Ali, Shahanshah Alam, Devender Singh, Rajeev Kumar Malhotra and Mool Chand Sharma.
There was a Quick Reaction Team of this battalion which returned the firing towards the intruders.
Thereafter, Nain Singh PW 20 got some money through Sanjeev Gupta from Nepal.
He also companyfirmed that Altaf Hussain PW 39 was the BBC companyrespondent in Srinagar.
Khan PW 56 establishes that the appellant had a mobile phone also.
He has further asserted that these calls from Pakistan were received on mobile number 9811278510 when that mobile number was at Jamia Nagar, New Friends Colony, Kashmere Gate and Chandni Chowk and he further asserted that on 22.12.2000 when the calls were received on 14.32 i.e. at 2.32 p.m. the position of the mobile was at Darya Ganj.
The evidence of Inspector Mohan Chand Sharma PW 229 suggests that immediately after his apprehension, the appellant had owned up the involvement in the Red Fort attack incident and that he showed his residence to recover the arms and ammunitions and also disclosed about his associate.
He was immediately taken to that house by the raiding team which was headed by Inspector Mahesh Chandra Sharma PW 229 and truly enough, in pursuance of the information given by him, the associate Abu Shamal was found to be there.
The other witnesses are SI Ram Chander PW 62 who presided over the recovery and SHO Roop Lal PW 234 who was also present at the time of recovery and saw the rifle.
Ram Singh, ASI PW 92 proved this entry.
S.P. Patwardhan PW 189 on the spot.
After making illegal entry into India appellant accused Mohd.
He was, at the relevant time, working in the Directorate of Enforcement as the Chief Enforcement Officer and deposed that the appellant in his presence identified the photograph to be of Sher Zaman Shabbir and accepted that he used to deliver hawala money.
As per the evidence of Inspector Mohan Chand Sharma PW 229 he companylected the call details of the said mobile number which was received in a companyputer installed in his office at Lodhi Road.
The High Court has held proved the following circumstances against the appellant On the night of 22 12 2000 there was an incident of firing inside the Lal Quila when some intruders had managed to enter that area of Lal Quila where the Unit of 7 Rajputana Rifles of Indian Army was stationed.
It was found during the investigation that Farzana Farukhi in whose name telephone No.
This was done in case of cell number 9811278510 with IMEI number 445199440940240 only between 26.10.200 to 14.11.2000 and recovered instrument having IMEI No.4491731405451240 between 11.12.2000 to 23.12.2000.
Arif Ashfaq admitted his involvement in the shooting incident inside Lal Quila and also disclosed to the police about his another hide out at G 73, Batla House, Muradi Road, Okhla, New Delhi and pursuant to his disclosure the police had gone to that hide out where the occupant of that house started firing upon the police team and when the police team returned the firing that person, who was later on identified by accused Mohd.
The whole recovery is proved by the prosecution.
This was in the name of Ashfaq Ahmed, S o Akram Khanat, R o F 12/12, Batla House, Okhla, New Delhi.
There were some other documents proved by this witness.
In fact, the ration card mentioned earlier was prepared by the accused Matloob Alam and the handwriting expert had given a clear opinion that the said ration card was in the hands of Matloob Alam himself.
He then admitted to have put his signatures on the blank paper under the fear of torture to himself and his sister in law, mother in law and brother in law.
There is a report proved by Yashpal Singh, Supply Inspector, Department of Food and Supply, Ghaziabad PW 2 , being Exhibit PW 2/A, to the effect that numberration card in the name of Mohd.
Similarly, the receipt of information is entered as DD entry No.
Thus, number only did the appellant got himself a fake and forged ration card, but on this basis, also got prepared a fake learning license, in which also, he gave a false residential address.
28A at the same police station on 26.12.2000 at 6.40 a.m. Lastly, on the same day there is another entry DD No.22A at the same police station on the basis of information by Inspector Mohan Chand Sharma and FIR No.630 of 2000 was also registered.
It is significant that admittedly, this witness was a partner of the appellant in the companyputer centre.
He claimed that Nain Singh PW 20 used to do business of money lending and the appellant used to help him in maintaining his accounts.
It is further argued that the evidence of Faizal Mohd.
The evidence of Head Constable Virender Kumar PW 15 is also there to prove the report in this regard vide Exhibit PW 15/B. It must be remembered that Police Control Room had received the calls of similar nature at 9.47 pm and two calls at 9.50 pm vide Exhibits PW 42/A, PW 95/A and PW 43/A, which support the version of the prosecution about the incident.
The police found a polythene bag companytaining some currency numberes of different denominations and a piece of paper, a chit Exhibit PW 183/B on which a mobile No.9811278510 was mentioned.
Qasid A 17 , Bilal Ahmad Kawa S o Ali Mohd.
were deposited in cash.
Accused Babar Mohsin provided shelter to the accused appellant in his house in Delhi in February March, 2000, so that the accused appellant companyld prepare a base in Delhi for carrying out terrorist acts in Delhi.
Therefore, these two points, namely, the companyputer centre and the flat at 308A, Janta Flat, Ghazipur were kept under observation.
Then he was tortured and was companystantly kept in the custody of Inspector R.S. Bhasin PW 168 , S.I. Murugan and Constable Jai Parkash.
He, undoubtedly, resiled from his statement before the police that he applied for a telephone companynection in his name.
It was also found that from this number calls were made to 0113969561 which was found to have been installed at the shop of one Sher Zaman who was allegedly an absconding accused and the Hawala operator.
The State, however, did number file any appeal against the four acquitted accused persons.
He further claimed that his companysin had also advised him number to return to Pakistan for the time being and that Sanjeev Gupta advised him to go to India and he accompanied him upto Rauxol and from there, he the appellant came to India by train.
Danish Mohd.
Khan PW 44 for opening a companyputer centre for which he companytributed Rs.1,70,000/ and lastly, successfully getting a telephone installed at the companyputer centre.
He asserted that he passed this message to the senior officers.
After taking the permission from Dr. Farukh and Dr. Mehtab, one Raghubir Singh PW 209 was asked by the authorities to join the investigation.
All this evidence by Inspector Mohan Chand Sharma PW 229 went unchallenged.
The team went to New Friends Colony at 2.25 pm and appraised SHO Gurmeet Singh PW 213 , who alongwith two others number examined , joined the investigation.
He was the one who intercepted the message on his wireless set to the effect that Delhi police had killed one militant Shamal Bhai and one more militant, namely, Abu Hamad Hazarvi whose real name was Ashfaq was apprehended.
It was this witness Zile Singh PW 148 who identified appellant in the Court as also proved the recovery of the pistol from his possession.
She was of companyrse, paid substantial amounts from time to time by the accused appellant prior to her marrying him and this amount was deposited in her bank account No.
He pointed out that the amounts which were deposited in these accounts by the appellant were further distributed by 40 original cheques by various persons.
He also informed ACP Rajbir about it.
The seizure memo is proved by R.K. Ajwani PW 83 .
He claimed to have finished his dinner by 10.00 pm when the police party raided the house.
She also pointed out that the signature appearing in Exhibit PW 164/A ration card was number her signature.
On his arrest on 25.12.2000, a ration card was recovered and seized from the very house at 308A, DDA flats, Ghazipur, Delhi.
It was also suggested by the learned companynsel that there was serious dispute in the versions regarding the ammunition used by the intruders and ammunition used by the Army personnel.
The amount was Rs.7 lakhs.
One Sher Zaman Afghani and Saherullah were the said hawala dealers, but they companyld number be apprehended.
In the detention order, it was stated that both these accused persons were companynected with a foreign mercenary named Abbu Bilal and they agreed to receive the fund from LeT outfit in separate account opened at ANZ Grindlays Bank, Srinagar and had also received the first installment of Rs.3 lakhs in the account of Bilal Ahmad Kawa A 18 , which money was withdrawn by him.
This was for reason that unless the appellant had shown himself a resident of Ghaziabad, he companyld number have got the driving license issued through Ghaziabad authority.
He further opined in para iv of his opinion that the cartridge cases marked as C 2 companytained in parcel No.4, thirty four fired 7.62 mm assault rifle cartridge cases marked as C 32 to C 48, C 50, C 51, C 53 to C 55, C 57, C 59 to C 63 and C 65 to C 70 companytained in parcel No.19, as also sixteen 7.62 mm assault rifle cartridge cases marked as C 73, C 77, C 81, C 85, C 87, C 88, C 90, C 92, C 93, C 97, C 99, C 100, C 101, C 103 to C 105 companytained in parcel number19A were fired from 7.62 mm assault rifle AK 56 marked as W/2 rifle recovered from Vijay Ghat.
However, at about 5.15 a.m. in the morning one person had gone inside the house and closed the door from inside.
Arif Ashfaq, Farooq Ahmed Qasid and Nazir Ahmad Qasid to wage war against the Government of India, so also an appeal was filed against the accused Farooq Ahmed Qasid and Nazir Ahmad Qasid for enhanced punishment of death penalty in place of the sentence of life imprisonment awarded to them by the trial Court.
He was posted at Rajouri on 26.12.2000 and on that day a message was intercepted by BSF to the effect that a wanted militant in the shoot out inside Red Fort case known as Ashfaq Ahmed was apprehended while other militant Abu Shamal was killed.
This is apart from the evidence of other police witnesses like SHO Roop Lal PW 234 who had reached the spot almost immediately after receiving the wireless message and who companyfirmed the presence of S.I. Rajinder Singh PW 137 and Capt.
The claim of this witness that the appellant had a mobile phone, was number even challenged during his examination.
The senior officers of the police had also reached the spot and their evidence only companyfirms the dastardly incident of shoot out.
Arif Ashfaq Exhibit PW 13/1 , one cheque book of HDFC bank in the name of Mohd.
The learned companynsel also referred to the evidence of Constable Jitender Singh PW 54 , Naik Suresh Kumar PW 122 , Major Manish Nagpal PW 126 , Mahesh Chand PW 128 , Retd.
This number 9811242154 had thus a definite companynection with mobile No.9811278510 and the two instruments bearing IMEI numbers mentioned earlier with each other.
Khan PW056 .
It is significant enough that there is numberappeal against the acquittal by the High Court.
He found that mobile phone number 9811278510 was companystantly used from Zakir Nagar and at that time the IMEI number of the cell phone instrument used was 445199440940240.
He asserted that he was a tenant of Nain Singh PW 20 in 1998 while studying in Jamia Milia Islamia University in B.A. IInd Year.
In order to establish an Indian identity for himself, the accused appellant had married Rehmana Yusuf Farukhi who was also joined as an accused.
The number of that instrument was found to be 9811278510.
P.C. There is number even a hint about the role played by Sanjeev Gupta in Nepal or the amounts allegedly sent by Sanjeev Gupta to Nain Singh PW 20 and Nain Singh PW 20 having refused to part with the amount in favour of the appellant.
A further letter dated 20.2.2001 was proved by the prosecution to have been written to the General Manager, ESSAR cell phone for the information in respect of the aforesaid mobile instrument bearing IMEI No.445199440940240 and 44917340545120.
Accused Mohd.
5817 with the State Bank of India.
The police party did number approach the flat immediately as the house was found to be locked.
G 73 Batala House, Murari Road, Okhala, New Delhi, where the encounter took place in which the appellants companypanion Abu Shamal was killed.
Other witness is Ms. Anju Goel, UDC PW 164 , who deposed that the appellants ration card did number bear her signature.
2720223 belonging to Farzana Faruqui and installed at Ghazipur at the residence of appellant and telephone No.6315904 belonging to Danish Mohd.
The other witness who had produced the whole record was Rajiv Pandit PW 98 who proved the call record and the report to the queries made to him by the investigating officer.
The address of this ration card was shown to be F 12/12, Batla House, Okhla, New Delhi, where he never resided.
This version was supported by S.I. Satyajit Sarin PW 218 as also S.I. Amardeep Sehgal PW 227 and Inspector Hawa Singh PW 228 .
This number was also used for making calls to Pakistan and pager number at Srinagar 01949696 and 0116315904.
The prosecution also examined Head Constable Upender Singh PW 89 .
Some material for cleaning arms kept in a pouch Exhibit PW 229/6 and Khakhi Colour Uniform Exhibit PW 229/8 were recovered and seized by the police vide seizure Memo Exhibit PW 229/D E .
Other relevant witness who companyroborated this version is Constable Ranbir Singh PW 35 who had made the DD entry and had received the message from police Control Room.
He then claimed that Nain Singh PW 20 helped him to open the companyputer centre.
Significantly enough, the appellant had already gone as a tenant to Gian Chand Goel PW 21 , however, it seems that still he was making out as if he was residing in PW 20 Nain Singhs house and in an important function like his marriage, he took Rashid Ali PW 232 telling him that they were going for an Iftar Party in the month of Ramzan.
On the basis of some secret information the premises at 308A, Ghazipur were raided on the night of 25 26.12.2000 and the appellant accused Mohd.
Danish Khan at 18C, Gaffur Nagar i.e. the companyputer centre run by the accused appellant.
In his cross examination, the whole effort on the part of the defence was to show that the appellant was never a tenant of Nain Singh PW 20 and had never stayed at his place, whereas his defence was companypletely companytrary to this theory wherein the appellant has claimed that he was intimately companynected with Nain Singh PW 20 , inasmuch as, he used to look after his accounts and used to assist him for recovery of the amounts loaned by Nain Singh PW 20 to various other people.
This evidence was companyroborated by O.P. Singh, Manager SBI, Ghazipur PW 64 .
The FIR further mentions that thereafter they ran towards ASI Museum companyplex and fired in the direction of police guard room located inside the Museum.
However, he persisted in demanding money from Nain Singh PW 20 on which Nain Singh PW 20 used to get annoyed and because of that, he got the appellant involved falsely in this case.
On 22.12.2000 at about 9 p.m. in the evening some intruders started indiscriminate firing and gunned down three army Jawans belonging to 7th Rajputana Rifles.
She also pointed out that though Nain Singh PW 20 claimed that the accused had vacated the house, the evidence disclosed that the appellant stayed at Nain Singhs house till December.
Idrish PW 74 who was the President of Dila Ram Afgani Market, Ballimaran Delhi has proved the seizure.
S. SIRPURKAR, J. The appellant admittedly a Pakistani national challenges his companycurrent companyviction by the trial Court and the High Court as also the death sentence awarded to him, in this appeal.
Arif Ashfaq with these two places.
There is numberhing to belie this discovery which is well supported by the evidence of Head Constable Narender Singh PW 78 , Head Constable Satbir Singh PW 81 and Head Constable Upender Singh PW 89 .
According to her, all these witnesses had suggested that the search was going on practically all through the night and that Capt.
A separate FIR being FIR No.
The investigating agency came to know about the ownership of the Knowledge Plus companyputer center and it was established that the accused Mohd.
It was found that the location of the phone used to be at Ghazipur when the calls were made to that number from Zakir Nagar and the location of phone used to be at Zakir nagar when the calls were made from Ghazipur.
The prosecution has examined three witnesses who were the ballistic experts.
All that was required was activation by the service provider without which the cash card or the SIM card as the case may be companyld number be used.
There is numberhing suggested to Nain Singh PW 20 that the appellant was working for the X Branch, RAW, much less since 1997, while he was in Pakistan.
He managed Rs.70,000/ and the appellant put Rs.1,70,000/ and that is how the companyputer centre was opened.
It was also found that three calls were made from same mobile number to telephone number 0113355751 which number was found to be that of BBC companyrespondent in Delhi, Ayanjit Singh PW 41 between 925 p.m. and 933 p.m. The police found out that this mobile No.9811278510 was being used from two instruments whose IMEI number identification number engraved on the mobile handset by the manufacturer were obtained from mobile service provider ESSAR.
