Prosecution: Can’t provide clone of victim’s cellphone

Prosecutor Francisco Tavora countered Tejpal’s demand, arguing that the finding by Hyderabad-based Central Forensic Science laboratory (CFSL) under Ministry of Home Affairs clearly states that it is technically impossible to clone a cellphone and its contents.

The CFSL report, a copy of which is with The Indian Express, reads: “Mobile cloning means duplication of IMEI number on a new phone. SIM card cloning means duplication of K1, A3, A5, A8 algorithms responsible for the identification of the subscriber to a new SIM. The laboratory does not have facility to clone the mobile phone/ SIM.”

Tejpal’s counsel had demanded that the prosecution hand them over the CCTV footage, a clone of the cellphone and SIM card along with a “mirror image” of the hard drive wherein the alleged emails of the victim were stored.

Though the CCTV footage has been provided, Tejpal has claimed that cellphone and SIM clones and the hard drive has not been given.
On Tuesday, Tejpal appeared with his lawyer Rajiv Gomes before additional sessions judge, Mapusa.

On the issue of handing over the cellphone and SIM clones, Gomes said the prosecution was defying orders passed by Supreme Court and the additional sessions court and filed an application which says prosecution is duty bound to supply the copy of the hard drive at the earliest to “ensure a fair trial and maintain the dignity of the court”.

“But to the shock of the applicant, the prosecution at every stage is not only delaying the proceedings but also contradicting its stand,” it reads.

Gomes sought time to file another application in reply to the CFSL report.

Replying to the contentions of Tejpal’s lawyer, Prosecutor Tavora said, “Whatever they are saying is not being given has actually been given.”

When he initiated counter arguments, he was asked to put it in form of an application.

The judge granted time to both sides to file their applications before the next date of hearing on March 9.