DELHI HIGH COURT
DINESH KUMAR SHARMA
Om Prakash – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. orders for forensic examination guidelines. (Para 1 , 2) |
| 2. petitioner's challenge to coercive compliance. (Para 3 , 4 , 5) |
| 3. adverse inference can be drawn for non-compliance. (Para 6 , 7 , 8) |
| 4. modification of trial court's order. (Para 9 , 10) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present petitions have been filed challenging the order dated 18.03.2019 by the learned trial court whereby the learned trial court inter alia directed that the CD Ex.PW-12/Article-1 and the Pen Drive Kingston 8GB Ex.PW8/Article-1 be sent to the FSL Rohini (1) for comparison of the face of the complainant as well as for the face recognition of the accused (2) to compare the voice of the complainant with the questioned voice in CD Ex.PW-12/Article-1 as well as in Pen Drive Ex.PW-8/Article-1 (3) to compare the voice of the accused with the question voice in CD Ex.PW-12/Article-1 as well as in Pen Drive Ex.PW-8/Article-1.
2. Learned trial court further directed that the accused shall not be made to read any inculpatory statement or transcript of the conversation in question but shall be made to read out words and sentences which are not inculpatory and are not the exact reproduction
A petitioner cannot be compelled to provide voice or photographic samples, but non-compliance may result in an adverse inference under Section 114 of the Evidence Act.
Electronic Evidence - As per Section 79A, Central Government may, for purpose of providing expert opinion on electronic from evidence before any Court or other authority specify, by notification in O....
The main legal point established in the judgment is the admissibility of recorded conversation and the power of the Court to obtain voice samples of the witnesses under Section 91 of the CrPC.
Power to collect voice samples from accused persons can be conferred on magistrates through judicial interpretation and exercise of Supreme Court's jurisdiction under Article 142 of Constitution of I....
The court upheld the authority to compel handwriting samples from an accused under the Criminal Procedure (Identification) Act, provided there's an earlier submission to the court's jurisdiction.
The court upheld the legality of compelling a voice sample post-charge framing, reinforcing that such actions do not violate constitutional rights when properly ordered during investigations.
The court affirmed the authority of the court to order a person to give a sample of his voice for the purposes of investigation of a crime, and upheld the legality of such orders under Fundamental Ri....
The fundamental right to privacy cannot be construed as absolute and must bow down to compelling public interest. The admissibility of memory card evidence without certification under Section 65-B of....
The right to privacy must bow down to compelling public interest, and certification under Section 65-B of the Act is needed when the recording is to be produced in trial as evidence.
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