D.B. Criminal Appeal No. 151 of 2007
High Court Of Rajasthan, Jaipur Bench
BENCH: Mr. Mohammad Rafiq J., Mr. Vijay Kumar Vyas J.
DATE OF JUDGMENT: 03-06-2016
BRANCH OF FORENSIC SCIENCE: Voice analysis ( Forensic Physics)
RELEVANT SECTIONS/ACTS:
Indian Penal Code (IPC), 1860
- Sections 120(B) – Punishment of criminal conspiracy.
- Sections 364(A) – Kidnapping or abducting in order to murder.
- Sections 302 – Punishment for murder.
BACK STORY
In this case, the F.I.R. was lodged by the complainant Subrat Mukherjee (P.W.3)(Father of deceased) to S.H.O., Police Station Vigyan Nagar, Kota on 11.03.2005 stating that his son Abhishek @ Akash (9yrs) (Victim) found missing from 10.03.2005 at 5.30 P.M. victim Akash playing with his friends. He also receives the ransom call from the kidnapper(A-1)Sunil Panchal.
During the investigation, the dead body of Abhishek @ Akash was recovered at 8.00 P.M. on 14.03.2005 from accused Arif Khan on 14.03.2005 at 6.30 P.M and Devi Singh(P.W.1), the domestic help of Subroto Mukherjee (P.W.3) has seen the accused-appellants or some other persons on a motorcycle talking to the abducted boy(Victim). Sunil Panchal (A-1) arrested on 14.03.2005 at 6.00 P.M. Accused-appellant Arif Khan(A-2) arrested on 14.03.2005 at 6.15 P.M. Motorcycle seized at the instance of Sunil Panchal(A-1) at 6.20 P.M. on 14.03.2005 and the Subir Kumar Mukherjee(P.W.2)(Uncle-elder brother of the deceased father) has stated to Rajendra Ojha (P.W.24), Investigating Officer about the manner in which recovery of the dead body effected and called IO. Police also seized the silver chain and silver amulet and the cricket bat of the deceased from the accused Sunil Panchal. Photograph of the dead body done to establish the place and original situation of death. The landline phone of Subroto Mukherjee(P.W.3), father of deceased, on which ransom calls made sent to the FSL for the voice comparison.
MEDICAL EXAMINATION REPORT
As per medical evidence, the cause of death was manual strangulation (throttling), leading to asphyxia. Moreover, as per the post mortem report duration of death was 72 to 120 hours. Neither fingerprints of the appellant found on the neck of the deceased, nor any ruminants of the skin or blood of the deceased found in the scraping of the nail clipping of the appellant.
PHOTOGRAPHY REPORT
On 14.03.2005, photography of the dead body conducted by the Niranjan Gautam (PW-13), the Police Photographer and he saw a silver chain with a silver amulet lying near the dead body, on the floor. He also took pictures of the same, which are on record as Exhibit P-28, 32, and 33. His testimony and the photographs exhibiting silver chain and an amulet with the dead body completely demolishes the case of the prosecution as Exhibits P-28, 32, and 33, these items found from the place along with the dead body. Still, there is no explanation of why these items were not recovered then and thereby the police.
VOICE IDENTIFICATION REPORT
The specimen voice sample took by the accused Sunil Panchal and the questioned voice sample of the accused from recorded landline phone of Subroto Mukherjee (PW-3), father of deceased, on which ransom calls made and sent for spectrographic voice analysis and the report states that both voice sample matched with each other.
But the voice identification done is not a sure science, completely free from error, for want of any scientific instrument comparison so the evidence of voice of accused Sunil Panchal which allegedly matched with the voice recorded in the recording device attached to the landline phone of the father of the deceased as per FSL report cannot be held admissible in evidence under sec Section 2(i) of the Information and Technology Act, 2000.
JUDGMENT
The trial court examined the 72 document and 24 witnesses and voice of accused Sunil Panchal recorded at the time when ransom call made by him has matched with his voice recorded in another cassette. It has been proved by FSL Report that voice recorded in two cassettes were of the same person, it is an important link connecting the accused with the crime. All circumstantial evidence joined together to form a link which concludes that it was the accused-appellants (Sunil Panchal) and none else, who abducted Abhishek @ Aakash, demanded ransom and eventually murdered him, therefore, charges framed against the accused under Sections 120-B, 364-A and 302 IPC and sentenced accused as under:
Section 120-B IPC: Imprisonment for life with a fine of Rs. 1,000/-, in default whereof, to further undergo one month’s rigorous imprisonment.
Section 364-A IPC: Imprisonment for life with a fine of Rs. 3,000/-, in default whereof, to further undergo two months of rigorous imprisonment.
Section 302 IPC: Imprisonment for life with a fine of Rs. 5,000/-, in default whereof, to further undergo three months of rigorous imprisonment.