Interim Order 2

Order Details: Copy of Evidence
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C.C. No. 1747/PW/2018 Exh - 08
Deposition of Witness No. 04 for Prosecution.
I on solemn affirmation depose as under :
My Name : Deepak Suresh Rathod
Age : 39 years Occupation : Catering business
R/o. : Room No.10, Shankar Kharvi Chawl, Jai Bhavani Nagar
Road No.2, Sahar Village, Andheri(E), Mumbai.
Exam.-in-chief by APP Mr. K. S. Jamdhade for the State:-
1. Police called me at Sahar Police Station on 05.05.2018 for
seizure of a mobile, another panch Mr. Krishna was also present there.
Police seized a mobile from the accused in our presence and prepared
seizure panchnama. I can identify the mobile seized before me. I am now
shown the envelope bearing my signature in which the mobile seized
from the accused was kept. It is the same mobile and envelope bears my
signature as first panch witness. The silver colour smart mobile phone of
One Plus company is marked as Article ‘A’. The seizure panchnama is
now shown to me. It bears my signature, as first panch witness, it also
bears signature of another panch witness and police officials. The
contents thereof are true & correct. The seizure panchnama is marked as
Exh-09.
Examination-in-chief is completed
Cross-examination by Learned Counsel Mr. M. H. Nizam for accused:-
2. I do not recollect the name and designation of the police
officer who called me as a panch witness. It is not true to say that when I
entered to police station, the mobile phone, Article ‘A’ was lying on the
table of the police officer. The phone was not having the screen guard,
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but it was having the cover. I do not know the remaining battery power
of the mobile. I did not touch the phone. It was not started before me.
3. My house is 10 minutes away from Sahar Police Station. It
is not true to say that I have friendly relations with many police officers
working at Sahar Police Station. It is not true to say that I am a frequent
at Sahar Police Station. It is not true to say that I have acted as panch in
many other cases of Sahar Police Station.
4. I do not remember the name of Police Officer who prepared
the panchnama, he was a male police officer. It is not true to say that I
was never called as panch witness. It is not true to say that nothing was
seized in my presence. It is not true to say that my signature was
obtained on the panchnama at my home. It is not true to say that today I
am deposing false.
Cross-examination is completed
No re-examination
Witness is discharged.
R.O.A.C.
Sd/-
(Ms. G. D. Nirmale)
Addl. Chief Judicial Magistrate,
22nd Court, Andheri, Mumbai.
Date : 28.11.2025
Before me,
Sd/-
(Ms. G. D. Nirmale)
Addl. Chief Judicial Magistrate,
22nd Court, Andheri, Mumbai.
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