Criminal Appeal No- 478-479/2017
Supreme Court of India
BENCH: Hon’ble Mr. Rohinton Fali Nariman J., Hon’ble Mr. R. Subhash Reddy J., Hon’ble Mr. Surya Kant J.
DATE OF JUDGMENT: 4-10-2019
BRANCH OF FORENSIC SCIENCE: Voice analysis (Forensic Physics)
RELEVANT SECTIONS/ACTS:
Indian Penal Code (IPC) Act,1860
- Section 420- Cheating and dishonestly inducing delivery of property.
- Section 465- Punishment for forgery.
- Section 467- Forgery of valuable security, will, etc.
- Section 468- Forgery for purpose of cheating.
- Section 471- Using as genuine a forged [document or electronic record].
- Section 384- Punishment for extortion.
- Section 511 – Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.
BACK STORY
Briefly stating, On 22-12-2019 the F.I.R. was lodged by the Nitinbhai Mangubhai Patel (Respondents), power of attorney holder of his two sons namely Ramabhai Bhagubhai Patel and Shankarbhai Bhagubhai Patel. They are allegedly residing at “UK or USA” regarding the blackmailing by Vinubhai Haribhai Malaviya (Accused no.1) with respect to agricultural land which is just outside the city of Surat, Gujarat and which admeasures about 8296 square meters. Rambhai Patel and Shankar Bhai Patel was absolute and independent owners of this land, having obtained it from one Bhikhabhai Khushalbhai and his wife Bhikiben Bhikhabhai in the year 1975 who already died on 23.12.1984 and 18.12.1999 respectively. Because of a recent price-hike of lands in the city of Surat, the heirs of Bhikhabhai and Bhikiben; Accused nos 2,3 (Annadurai and Bharathi) together with Vinubhai Haribhai Malaviya (A-4) and Manubhai Kurjibhai Malaviya(Accused no. 5) have hatched a conspiracy in collusion with each other and published a public notice under the caption “Beware of Land-grabbers” in a local newspaper on 07.06.2008. Sometime thereafter, Vinubhai Haribhai Malaviya then contacted an intermediary on phone calls, who in turn contacted Nitinbhai Patel (who lodged the FIR), and demanded an amount of Rs. 2.5 crores in order to “settle” disputes in respect of this land. Accused no 4-5, also have used a fake and bogus ‘Satakhat’ and Power-of-Attorney in respect of the said land and had tried to grab this land from its lawful owners Ramanbhai and Shankarbhai Patel. In all fairness, the Investigating Officer(R.A. Munshi) has seized the mobile phone of Bharathi and has obtained the voice samples of Annadurai and Bharathi on 01.03.2012and sent them to the FSL, State of Gujrat.
There is no such evidence in this case to prove the fake digitally signed signature except the voice sample of the accused involved.
VOICE IDENTIFICATION REPORT
Pursuant to this order by court the Investigating Officer R.A. Munshi (hereinafter referred to as “IO Munshi”) on 06.03.2012 submitted two further investigation reports – one within three days, dated 09.03.2012 and a second one dated 10.04.2012 and then then the expert form his opinion before the supreme court and proved the fake digitally signed signature by disclosing the identity of the accused by comparing the voice samples with those of the phonecall records voice samples.
JUDGMENT
The offence was punishable under Section IPC (420,465,467,468,471,384,511) against the Appellant/Vinubhai Haribhai Malaviya with the substantive evidence is warranted.