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GITA GOPI
Jil W/O Priyank Manubhai Choksi – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. The revisionist is the petitioner in Criminal Misc. Application no.12/2016 before the learned Additional Chief Metropolitan Magistrate, Court no.9, Ahmedabad. She had moved an application Exh.46 on 2.7.2022 making a prayer to preliminary decide about the voice in the conversation recorded in the CD which has been produced along with Exh.37 affidavit to be sent to the FSL, State of Gujarat, Gandhinagar and further urged to take a voice sample of both the parties for necessary technical comparison/examination through the forensic expert.
2. Criminal Misc. Application no.12/2016 is before the Court of learned Metropolitan Magistrate under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “the DV Act”). On hearing the parties, the learned Magistrate passed the order on 20.10.2022 which is reproduced hereunder:-
The court established that electronic evidence, including voice recordings, is admissible in domestic violence cases, and courts should utilize technological advancements to ensure justice.
Voice sample is not evidence – There is no provision to compel the party to proceedings under Domestic Violence Act to give voice sample – Article 20(2) of Constitution of India cannot be made applic....
A Magistrate may order any person, not just an accused, to provide a voice sample if deemed necessary for proper investigation, as supported by Supreme Court precedent.
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.
The main legal point established in the judgment is that the power of a Judicial Magistrate to order a person to give a sample of his voice for the investigation of a crime is not confined merely to ....
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