Criminal Appeal No. -1648 of 2013, 194, 244 of 2014 & 261 of 2015
High Court of Delhi
BENCH: Hon’ble Mr. Sanjiv Khanna J., Hon’ble Mr. R.K. Gauba J.
DATE OF JUDGMENT: 19-08-2015
BRANCH OF FORENSIC SCIENCE: Voice analysis (Forensic Physics)
RELEVANT SECTIONS/ACTS:
IPC (Indian Penal Code) Act, 1860
- Section 364 – Kidnapping or abducting to murder.
- Section 120(B) – Concealing design to commit an offence punishable with imprisonment.
- Section 302 – Punishment for murder.
BACK STORY
On 11.7.2004 victim Wasim Ahmad, aged 8 years was kidnapped around 3.30/3.45 pm from near the front of their Nos. B-209 and 203, Sec-13, Rohini, and Mohd. Yunis (father of deceased) (PW-16) complained to the Bhajan Singh @ Gulla (Accused No.1), Joginder Singh @ Jagga (Accused No.2) and Ashok @ Bobby (Accused No.3) at Sector-16, Rohini of Police Station Prashant Viharon before SI (later Inspector) Jai Prakash (PW-30) and constable Harjit Singh (PW-19) on 11.7.2004 after 7.30 pm on same day indicating that accused (A nos. 1-3) had kidnapped with the intention of murder.
On 11.7.2004, PW-16 while searching victim (his son) received a call around 7.30 pm demanding ransom money against the child then he reports to (PW-30) and, (PW-19) register F.I.R. After that,(PW-16) information had passed on to the Investigating Officer (IO) (PW-32) with the photograph , description of his clothes and the cycle at the time of going missing and then on 12.7.2004 mobile phone numbers of the father of the victim and of the ransom caller put under observation/surveillance and Head constable Manbir Singh (PW-20) handed over prepared a cassette of the said recording between the mobile phone of the father of the victim and that of ransom caller from 12.07.2004 to 14.07.2004 to the IO (PW-32). The CDRs revealed to the IO that the ransom caller was using Airtel mobile No.9871155519 having IMEI No.3506043021848039 and was in regular telephonic contact with Garunda mobile telephone No.20089749 which was being used actually by Bhajan Singh @ Gulla (A-1). Then, On 15.7.2004, Investigating Officer, accompanied by (PW-30) SI Jai Prakash and (PW-20) Manbir Singh, raided the house of A-1 Bhajan Singh in premises No.B-6/320, Sector 17, Rohini at 10.25 AM and disclosures made by accused No.1 (A-1) Bhajan Singh had brought out the involvement of accused No.2 (A-2) Joginder -Singh @ Jagga and accused No.3 (A-3) Ashok @ Bobby. It is Bhajan Singh (A-1) in this heinous crime.
Then the investigation officer with the help of accused statement seized Airtel mobile SIM number 9871155519 and Airtel SIM number 9871204450 and recovered Hutch SIM card bearing No.H2-2000 7805673 of the mobile phone number 9899122565( sim used by the ransom caller) and sent voice samples of the three accused of the purpose of voice analysis.
At the same time victim, the dead body was recovered on 15.7.2004 in the area of Village Jagatpur inside a gunny bag (bori) floating in the drain which was photographed by Constable Dalbir Singh (PW-24). The photographs reveal that the dead body of the child had put partially in the foetal position and its limbs tied together with a string. The SHO (PW-32) sends the dead body which was found in the decomposition stage to the post-mortem examination.
POSTMORTEM EXAMINATION
On 15.7.2004 the post-mortem examination was conducted by Dr. N C Gupta (PW-3) and Dr. Anil Shandilya in the mortuary of Babu Jagjivan Ram Memorial Hospital out from 4.30 pm to 7 pm and autopsy doctors stated it to be homicidal death and cause of death was asphyxia, resulting from forceful closure of extraneous air passage (manual smothering), it is sufficient to cause death in the ordinary course of nature and that, after the killing, the dead body had been tied with ropes, packed in the two gunny bags one over the other and then dumped into the drain. 15.7.2004. The autopsy doctors assessed the death to have occurred 3-4 days prior to the said exercise.
PHOTOGRAPHY ANALYSIS REPORT
The photography took by photographer Anil Sharma (PW-5) which shows that the dead body was in a highly decomposed state when recovered. Maggots found crawling and loosening of hair with de-gloving. Both eyeballs were protruding outside with eyes and mouth open. The tongue peeping out through the open mouth. Because of the putrefaction, the post-mortem staining could not ascertain. Scrosanguiavius discharge with reddish tinge blood was present at both side nostrils. Both lips, nose, and both sides of the face found contused. Exudation of blood in subcutaneous tissues was present underneath the muscles. It was reddish blackish with a greenish tinge. The contusion of both side armpits was present of size 2 x 3 cm and 1 x 1 cm. The underneath tissues deeply effused with blood, reddish grey.
VOICE IDENTIFICATION REPORT
The voice samples of (A-1) Bhajan Singh, (A-2) Joginder, and A-3 Ashok was taken for further examination by head constable Omender Kumar (PW-25) to the to Central Forensic Science Laboratory (CFSL). Chandigarh where they subjected to examination and the voice sample of A-1, A-2 Joginder, and A-3 Ashok was recorded in the cassette (Ex.P-1), (P-2) which was assigned serial No.1-A, No.2-A. And the voice sample of A-3 was recorded on the same cassette P-2 having serial No.2-B. and voice spectrographic report issued on 31.1.2005 stating that two voices from the end of the mobile phone of the ransom caller have identified as that of (A-1) Bhajan Singh and (A-3) Ashok and it stated that voice identification of (A-1) Bhajan Singh (A-3) Ashok positively connected them with the ransom calls and hence they were also involved in this murder and kidnapping case.
JUDGEMENT
With the help of primary evidence found, autopsy photographic analysis voice identification proved factor of corroboration of involved accused and postmortem examination also revealed that kidnapping is done with the intention of murder so the court dismisses the appeals of the three convicts and charges were framed against all the accused (1-3) and awarded sentence of imprisonment for life with fine of Rs.5000/- each for offences under Section 364-A r/w Section 120B IPC and Section 364 r/w Section 120B IPC respectively and each convicted persons to pay compensation of Rs.30,000/- to the parents of the deceased child.