K.BALAKRISHNAN NAIR, M.C.HARI RANI
State Of Kerala – Appellant
Versus
Babu – Respondent
In the context of handling evidence, it is essential that all evidence is properly sealed using unique seals to ensure its integrity and authenticity. The sealing process must be meticulously documented, including details such as the identity of the person sealing the evidence, the date and time of sealing, and the specific seals used. This comprehensive documentation helps to establish a clear chain of custody and prevents any tampering or contamination of the evidence during storage, transportation, or presentation in court (!) .
Proper sealing procedures involve using tamper-evident seals that are uniquely identifiable, such as numbered or marked seals, which are then affixed to the evidence containers. Each seal application should be recorded precisely in a sealing register or log, noting the seal number, the evidence item, the person responsible for sealing, and the circumstances under which sealing was performed (!) .
Additionally, any transfer or movement of the sealed evidence must be accompanied by detailed documentation, including receipt and disposal records, to maintain a continuous and unbroken chain of custody. This process ensures that the evidence remains unaltered and trustworthy, thereby upholding the integrity of the investigation and the fairness of the judicial process (!) .
In summary, all evidence must be sealed with unique, tamper-evident seals, and the entire sealing process should be recorded in detail to prevent tampering, facilitate accountability, and preserve the evidentiary value throughout the legal proceedings.
Balakrishnan Nair, J.
Crl.Appeal No.908/2004:
This is an appeal filed by the State, feeling aggrieved by the acquittal of the respondent, who was the accused in S.C. No.242/2001 of the Sessions Court, Thrissur. The accused/respondent was charge-sheeted for murdering his wife, giving her sodium cyanide masquerading it as ayurvedic contraceptive powder. But, the trial court disbelieved the case of the prosecution and took the view that it may be a case of suicide.
2. The brief facts of the case are the following: Ms. Sweety was a beautiful young girl aged about 19 years. Her marriage with Mr.Babu, the accused took place on 15.2000. The accused was a postgraduate and was an employee of Alukkas Jewellery. At the relevant time, he was working in one of the showrooms of the said Jewellery in the Gulf. The deceased was the eldest of the three daughters of PW1, who was working as a Welder in the Cochin Shipyard. PW9, the mother of the deceased was a house wife. The accused was not having any residential house of his own. So, the couple after the marriage on 15.2000, stayed in the bridegrooms brothers house at Ollur. In connection with the marriage, there was a reception in the h
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