IP Address and Call Records

1. IP Address as an Evidence :
2.  IP address alone I feel cannot be a conclusive evidence and I have proved in many cases in lower courts .
3.  • Judge Gary Brown in the United States District Court of the Eastern District of New York adjudged below : 
4. • "The assumption that the person who pays for Internet access at a given location is the same individual who allegedly downloaded a single sexually explicit film is tenuous, and one that has grown more so over time," he writes. "An IP address provides only the location at which one of any number of computer devices may be deployed, much like a telephone number can be used for any number of telephones."
5.  • "Thus, it is no more likely that the subscriber to an IP address carried out a particular computer function – here the purported illegal downloading of a single pornographic film – than to say an individual who pays the telephone bill made a specific telephone call," . Adv Prashant Mali - Cyber Law Expert (prashant.mali@cyberlawconsulting.com)
6. CDR(Call Data Records) as an Evidence :
7. Today Investigation agencies gets paralyzed when a accused doesn’t use Mobile phone.as the investigation starts majorly around CDR. 
8. • Call Data Records do aid in preliminary investigation but cannot be taken as conclusive evidence because of following problems 1. The mobile handset or SIM could be on someone else name, as written in receipt/invoice. 2. Call Data Records are not certified 3. SIM card was cloned or IMEI number Spoofed(changed) 4. Mobile Number snooping had taken place using S/W In Bombay Bomb Blast case Sanjay Dutt CDR were admitted and the same were in Parliament Attack case Adv Prashant Mali - Cyber Law Expert