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Cross-examination of Victims and Medical Evidence - Several sources highlight the importance of cross-examining victims and medical reports to establish the occurrence of an acid attack. Victims stated they could not recall specific details such as the date and time of threats or the identity of the accused, often citing immense pain and lack of inquiry from doctors ["State VS Afroz @ Sharib - Delhi"], ["JAGDISH Vs STATE - Delhi"], ["Jagdish VS State (NCT of Delhi) - Delhi"]. In some cases, victims' statements were based on medical records like MLCs, discharge summaries, and FSL reports, which indicated acid burns and presence of acid on clothes ["State VS Afroz @ Sharib - Delhi"], ["JAGDISH Vs STATE - Delhi"], ["Jagdish VS State (NCT of Delhi) - Delhi"].
FSL Reports and Seizure Procedures - A recurring issue is the absence or mishandling of FSL evidence. Several judgments point out that FSL reports were not furnished, or the sealed packets sent for examination were not properly sealed with the correct impressions, casting doubt on the forensic evidence linking the injuries to acid ["JAGDISH Vs STATE - Delhi"], ["Jagdish VS State (NCT of Delhi) - Delhi"], ["Abbu @ Sharaft Ali S/o Rahmat Ali VS State of Rajasthan - Rajasthan"]. For example, one case notes, the material on record does not reveal that the seal impressions with which the packets sent for FSL examination were sealed, were forwarded to the FSL ["Abbu @ Sharaft Ali S/o Rahmat Ali VS State of Rajasthan - Rajasthan"].
Reliability of Medical Records and Witness Testimony - Cross-examinations often reveal that injuries recorded as acid burns in medical records were not conclusively linked to acid, with some witnesses stating the cause could not be confirmed ["JAGDISH Vs STATE - Delhi"], ["Suresh Yadav VS State - Delhi"]. In some instances, witnesses admitted to not having signed statements or that the injuries could have been caused by other factors, raising doubts about the prosecution's case ["State VS Afroz @ Sharib - Delhi"], ["IND_KAR00000124566"].
Challenges in Cross-Examination and Witness Credibility - Several sources emphasize that the cross-examination was conducted poorly or was limited, especially for key witnesses like victims, which hampers the ability to challenge the prosecution's case effectively ["IND_KAR00000124566"], ["IND_KAR00000124566"]-1387_2019). In some cases, further cross-examination was deferred or closed, citing the victim's status as an acid attack victim and multiple opportunities already provided ["Suresh Yadav VS State - Delhi"], ["IND_KAR00000124566"]-1387_2019).
Motive and Circumstantial Evidence - Motive, such as previous animosity, was established in some cases, supporting the case against the accused ["Barun Lohar VS State of West Bengal - Calcutta"]. Additionally, the presence of acid in seized bottles and clothes, corroborated by FSL reports, was used to substantiate the attack ["Barun Lohar VS State of West Bengal - Calcutta"].
Analysis and Conclusion:The cross-examination of FSL and medical evidence in acid attack cases reveals significant procedural lapses, such as improper sealing of evidence, absence of crucial reports, and ambiguous medical records, which weaken the prosecution’s case ["Abbu @ Sharaft Ali S/o Rahmat Ali VS State of Rajasthan - Rajasthan"], ["JAGDISH Vs STATE - Delhi"]. Witness testimonies, especially victims', are often limited or poorly challenged due to restricted cross-examination, impacting the assessment of credibility ["IND_KAR00000124566"]. While motive and forensic evidence support the occurrence of an acid attack, procedural deficiencies and inconsistent medical documentation highlight the need for meticulous evidence handling and thorough cross-examination to substantiate such cases reliably ["State VS Afroz @ Sharib - Delhi"].
Acid attacks are heinous crimes that leave victims with lifelong scars, both physical and emotional. In Indian courts, forensic evidence from the Forensic Science Laboratory (FSL) often plays a pivotal role in securing convictions under sections like 326A and 326B of the Indian Penal Code. However, the cross-examination of FSL reports and witnesses can significantly undermine the prosecution's case if procedural lapses are exposed. A common query from defense lawyers is: cross examination of fsl in acid attack case. This blog explores strategies, judicial insights, and critical factors that determine the reliability of FSL evidence.
Typically, effective cross-examination focuses on the integrity of evidence handling, chain of custody, and adherence to protocols. Courts have repeatedly emphasized that lapses here can render forensic findings suspect, shifting reliance to ocular or circumstantial evidence.
In acid attack cases, FSL examines seized items like bottles or containers to confirm the presence of corrosive substances such as sulphuric acid. The report's probative value hinges on proper collection, sealing, and forwarding of evidence. Failure in these areas provides ammunition for cross-examination.
Key judicial observations highlight that the failure to send seized articles, such as bottles or containers, to FSL can undermine the evidentiary value of forensic reportsBengai Mandal @ Begai Mandal VS State of Bihar - 2010 1 Supreme 49State of Uttarakhand VS Ajam - 2017 0 Supreme(UK) 180. For instance, witnesses like constables or scientific officers (e.g., PW5) have admitted under cross-examination that seized containers were not sent to the FSL for examination, directly impacting the report's credibility Bengai Mandal @ Begai Mandal VS State of Bihar - 2010 1 Supreme 49State of Uttarakhand VS Ajam - 2017 0 Supreme(UK) 180.
Maintaining an unbroken chain of custody is crucial. Courts stress proper sealing, documentation, and witness signatures on parcels. In the Mahmood case, the investigator's failure to obtain witness signatures or entrust seals to respectable persons raised doubts about evidence genuineness Bengai Mandal @ Begai Mandal VS State of Bihar - 2010 1 Supreme 49. Similarly, in Sher Singh, the absence of seal impressions forwarded to FSL made the findings unreliable Bengai Mandal @ Begai Mandal VS State of Bihar - 2010 1 Supreme 49.
Cross-examiners often probe:- Whether seals were forwarded to FSL.- Signatures of independent witnesses on seizure memos.- Documentation of evidence transfer.
The absence of independent witnesses or corroborative evidence regarding the seizure and handling of evidence can affect the weight given to forensic reportsBengai Mandal @ Begai Mandal VS State of Bihar - 2010 1 Supreme 49State of Uttarakhand VS Ajam - 2017 0 Supreme(UK) 180.
FSL witnesses, during cross-examination, frequently reveal gaps. For example, in several cases, scientific officers conceded that seized items were never examined, weakening the prosecution Bengai Mandal @ Begai Mandal VS State of Bihar - 2010 1 Supreme 49State of Uttarakhand VS Ajam - 2017 0 Supreme(UK) 180. Discrepancies in reports, like untested containers, invite suspicion: Courts have emphasized that the failure to follow proper procedures, such as not forwarding seals or not obtaining signatures of witnesses, can lead to suspicion about the genuineness of forensic findingsBengai Mandal @ Begai Mandal VS State of Bihar - 2010 1 Supreme 49State of Uttarakhand VS Ajam - 2017 0 Supreme(UK) 180.
Indian courts scrutinize FSL evidence rigorously. The credibility of forensic evidence can be questioned if there are discrepancies in the chain of custody or procedural lapses, impacting the overall caseBengai Mandal @ Begai Mandal VS State of Bihar - 2010 1 Supreme 49State of Uttarakhand VS Ajam - 2017 0 Supreme(UK) 180.
In one case, despite no FSL report, conviction under Section 326A was upheld based on other materials, noting: Section 326(A) is applicable not only in cases where injury is caused by throwing acid but also in case of causing injury by using any other means. Therefore, although there is no FSL report available in this case, yet, having regard to the materials on record, we are inclined to agree with the findings of the learned trial court that the victim had suffered acid attack on the day of the incident.Ahon Wangsa, S/o. Sri Matelem Wangsa VS State of Arunachal Pradesh, Rep. by the Public Prosecutor - 2022 Supreme(Gau) 962. This illustrates that while FSL lapses hurt, strong corroboration can salvage the case.
Conversely, in ABBU @ SHARAFT ALI Vs. STATE - 2024 Supreme(Online)(RAJ) 27293, the court quashed a conviction due to uncorroborated testimony and lack of reliable FSL tests for sulphuric acid: test for the presence of sulphuric acid whereas, the injured... The prosecution failed to prove guilt beyond reasonable doubt, underscoring FSL's importance when other evidence is weak.
In another instance, medical records and cross-examination of doctors revealed ambiguities: The only reference to ‘acid’ in the entire medical record comes during the cross-examination of Dr. Kedia (PW-6), when he could not confirm the cause of injury, 'I cannot say as to whether it was a case of self pouring of acid or someone had poured acid on the patient'.STATE OF NCT OF DELHI Vs BEER SINGH & ORS - 2025 Supreme(Online)(Del) 2438.
Cross-examining FSL is part of a larger strategy. In IND_KAR00000124566_Delhi_CRLA-283_2017 2020_DHC_3247, poor cross-examination of witnesses (including no cross of PW1, PW9, etc.) and MLC inconsistencies (history as 'Acid Attack' vs. 'acid burns') weakened the case IND_KAR00000124566_Delhi_CRLA-283_2017 2020_DHC_3247.
Victim testimonies must be consistent; otherwise, acquittals follow, as in a case with 100% visual impairment where inconsistencies in victim testimonies can lead to acquittalSTATE Vs AFROZ @ SHARIB & ANR. - 2024 Supreme(Online)(DEL) 11007.
Even with enmity, injured witnesses' unchallenged testimony can corroborate acid attacks: This version of P.W.1 Shyam Bihari regarding loss of vision of both eyes in the acid attack... remained unchallenged in the cross-examination.Futehari Ram VS State of Bihar - 2022 Supreme(Pat) 347.
Not all procedural flaws invalidate evidence:- Courts may accept reports if corroborated by medical or ocular evidence.- Minor lapses don't automatically discredit if they don't go to the root.
Even if forensic evidence is not sent or procedures are not perfectly followed, courts may still consider the reports if corroborated by other evidence or if the lapses are deemed minor.
For defense counsel:- Grill FSL witnesses on non-submission of articles.- Highlight missing seals or witness signatures.- Demand chain of custody logs.
Investigators should:- Strictly adhere to established protocols, including proper sealing, documentation, and forwarding of seized articles to FSL.- Ensure witness examination for chain integrity.
Courts are urged to scrutinize these aspects during trials.
Victim compensation schemes, like NALSA's, provide relief irrespective of FSL issues, with amounts up to Rs.8 Lakh for severe disfigurement Sumit Kumar Shaw VS State of Jharkhand - 2021 Supreme(Jhk) 94.
This post provides general insights based on judicial precedents and is not legal advice. Consult a qualified lawyer for case-specific guidance.
mechanisms to acid attack victims. ... In her cross-examination she deposed as under: "I cannot tell the date and time of threatening given by accused Afroz that in case I will not marry him, he will throw acid over me. ... Even though the victims have in their examination-in-chief and cross-examination stated that they had suffered immense pains of burns and so could not tell the name of the accused, however, at one point also sta....
Fourth, no FSL report was furnished to show that the injuries caused to the victims were caused by a corrosive substance/acid. Fifth, the clothes of Smt. Bimla were not seized; even though the minor victim‟s t-shirt was seized, the same was not sent to FSL for examination. ... The contention that the MLC of Sunny had recorded the injury as acid burns, which was scored of and noted as an acid attack raises doubts as to the prosecution‟s case, is also,....
Fourth, no FSL report was furnished to show that the injuries caused to the victims were caused by a corrosive substance/acid. Fifth, the clothes of Smt. Bimla were not seized; even though the minor victim''s t-shirt was seized, the same was not sent to FSL for examination. ... The contention that the MLC of Sunny had recorded the injury as acid burns, which was scored of and noted as an acid attack raises doubts as to the prosecution''s case, is als....
Moreover, the material on record does not reveal that the seal impressions with which the packets sent for FSL examination were sealed, were forwarded to the FSL. In the case of Sher Singh (supra), a division bench of this Court has held as under: “36. ... In view of this, it was not safe to record conviction of the appellant based on suggestion made to the injured as PW-1 during his cross examination suggesting presence of the accused at the place of incident especially, in absence o....
, the appellant had animosity with him resulting into acid attack. ... attack. ... In view of this, it was not safe to record conviction of the appellant based on suggestion made to the injured as PW1 during his cross examination suggesting presence of the accused at the place of incident especially, in absence of it being a case of version/cross version or the plea of private defence ... test for the presence of sulphuric acid whereas, the injured (....
Opportunity Given.” and proceeded with the case. Further, PW1, PW9, PW11 and PW12 were not cross-examined and that the cross- examination of other witnesses was done very poorly. ... PW11/A) records the history as „Acid Attack‟ and that it would appear as if in the first blush, a person had narrated the incident as acid burns and modified the same to reflect an acid attack. 23. ... The contention that the MLC of Sunny ha....
Opportunity Given.” and proceeded with the case. Further, PW1, PW9, PW11 and PW12 were not cross-examined and that the cross- examination of other witnesses was done very poorly. ... PW11/A) records the history as „Acid Attack‟ and that it would appear as if in the first blush, a person had narrated the incident as acid burns and modified the same to reflect an acid attack. 23. ... The contention that the MLC of Sunny ha....
Opportunity Given.” and proceeded with the case. Further, PW1, PW9, PW11 and PW12 were not cross-examined and that the cross- examination of other witnesses was done very poorly. ... PW11/A) records the history as „Acid Attack‟ and that it would appear as if in the first blush, a person had narrated the incident as acid burns and modified the same to reflect an acid attack. 23. ... The contention that the MLC of Sunny ha....
The only reference to ‘acid’ in the entire medical record comes during the cross-examination of Dr. Kedia (PW-6), when he could not confirm the cause of injury, “I cannot say as to whether it was a case of self pouring of acid or someone had poured acid on the patient”. ... In her cross examination also, she maintained her stand. Even from, her earlier complaints, the case of prosecution is proved, in which she raised apprehension a....
In her cross-examination she deposed as under: “I cannot tell the date and time of threatening given by accused Afroz that in case I will not marry him, he will throw acid over me. ... We are conscious of various schemes where-under acid attack victims can be compensated, which are as below:- (i) NALSA (Legal services to Victims of Acid Attack) Scheme, 2016: A dedicated scheme was devised by NALSA to streamline legal services and extend compensati....
Section 326(A) is applicable not only in cases where injury is caused by throwing acid but also in case of causing injury by using any other means. Therefore, although there is no FSL report available in this case, yet, having regard to the materials on record, we are inclined to agree with the findings of the learned trial court that the victim had suffered acid attack on the day of the incident.
This version of P.W.1 Shyam Bihari regarding loss of vision of both eyes in the acid attack by P.W.6 Awadhesh remained unchallenged in the cross-examination. In fact, this material elicited from the cross-examination of the injured is cementing the prosecution case of acid attack on him by the accused. So far as identification of the accused is concerned, this injured witness has clarified that the incident had not taken place in the fraction of a second. To that extent, version of this witness corroborates the version of the injured witness. Initially, he....
In case of injury less than 20% Rs.2 Lakh Rs.3 Lakh 13. In case of injury more than 50% Rs.5 Lakh Rs.8 Lakh c. In case of injury less than 50% Rs.3 Lakh Rs.5 Lakh d. Victims of Acid attack a. In case of disfigurement of face Rs.7 Lakh Rs.8 Lakh b.
Due to possible interaction with the Diclofenac powder (which was found present on the cloth as well as the body of the deceased) and the plastic that was used for taking the dead body after the postmortem was conducted at Vapi and which, in plastic wrap condition, was taken by the relative of the deceased. Also it is stated that the extent of 56% are superfluous burns injuries on body of any person would not result into death just within two hours and specifically it has been opined that death of the deceased has not occurred because of the burns injuries. Also it has been stated ....
True it is, that there might be enmity between these three witnesses and the accused, but then the enmity is a double edged sword and can also be used as corroboration for the fact as to why the accused had chosen to attack the deceased also with acid. This witness admitted in cross examination that he too was accused in the case of acid attack on accused Rafiq along with Basir and Yusuf. The deceased was crying that the accused Rafiq had thrown acid over him. That fact may be true but it does not afford any justification for acid attack on the deceased Rafiq by the accused....
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