SUBJECT FORENSIC SCIENCE

Paper No. and Title Paper No.2: Criminology and Law

Module No. and Title Module No. 26: Case studies related to different types of
evidences

Module Tag FSC_P2_M26

FORENSIC SCIENCE PAPER No.2: Criminology & Law

MODULE No.25: Case studies related to different type of
evidences
 TABLE OF CONTENTS

1. Learning Outcomes
2. Evidence
3. Fingerprint Evidence
4. Footprints
5. Handwriting Opinion
6. Dog Tracking Evidence
7. Lie Detector Evidence
8. Photographic Evidence
9. Trace Evidence
10. Voice Identification Evidence
11. Difference between an eyewitness, an expert witness, a chemical
examiner, and a retired chemical examiner.
12. Expert Opinion
13. Expert Evidence
14. Summary

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 1. Learning Outcomes

After studying this module, you will be able to:

 Gain knowledge via case studies

 Understand and experience proceedings
 Know the evidence in India and its applicability
 Discuss hand in hand basics of evidence collection and documentation

2. Evidence

 Evidence is anything presented in support of an assertion. This support may be strong

or weak.
 This assertion is the outcome of the perception made by a person out of this any of the
senses.
 The strongest type of evidence is that which provides direct proof of an assertion.
 At the other extreme is evidence that is merely consistent with an assertion but does
not rule out other, contradictory assertions, as in circumstantial evidence.
 In law, the evidence govern the types of evidence that are admissible in a legal
proceeding.
 Types of legal evidence include oral testimony, documentary evidence, and physical
evidence.
 Uncorroborated testimony is admissible.
 The term “uncorroborated” means unsupported by any other evidence
 The Honorable Supreme court observed in the case of Murari Lal, which states that
“in cases where reasons for the opinion arc icing and there is no reliable evidence
showing a doubt the uncorroborated testimony of handwriting expert may be
accepted”.

3. Fingerprint evidence

 Of all the methods of personal identification, fingerprint alone has proved to be

infallible and feasible.
 Its superiority over all older and modern methods has been demonstrated over the
years.
 So far the finger prints of no two individuals have been found to be identical finger
print experts consistently referred to Galton’s calculation showing the evidence of 64
billion different finger prints.

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  Even the two identical twins who cannot be distinguished using DNA analysis can be
identified by their finger prints.
 This is the most reliable method of identification accepted by the whole and being
used by all countries of the globe.
 With regard to evidentiary value of finger prints it has been established that the
proof/evidence furnished by fingerprints is regarded as conclusive and may be acted
upon provided the court is satisfied that there is no possibility of a mistake in the
opinion of the expert.
 In spite of alteration of fingerprints by plastic surgery, the identification of the
criminal has been possible by the characteristics of the second Joint finger.
Some of the observations of courts are detailed below:
(a) Thumb impression is an exact science
An observation has been made that the science of identification of thumb impression
is an exact science and not subjected to any doubt or mistake, AIR 1979 Supreme Court
1708.
(b) In AIR 1979 Supreme Court 1708, it was held that the thumb impression on coded
statement of the mother of deceased by the doctor was proved by the expert that it did not
belong to the mother but some other woman who appeared to have falsely represented to the
doctor that she was the mother of the deceased. The court accepted the opinion of the expert
with the observation that science of identification of thumb impression is an exact science
and does not admit any mistake or doubt.
(c) Duty of finger print expert in court.
In AIR 1960 Andhra Pradesh 160, the court held that it is the duty of the finger expert
who has been examined to explain how ho come to the conclusion. It is the duty of the court
to scrutinize the evidence or make a comparison of the impression personally.
(d) In the case Sitaram Rajput of M P 1978 Cri L J 1220, the court noted that it cannot be
laid down as a rule of law that it is unsafe to have conviction on the corroborated
testimony of a finger print expert. The true rules seem to be one of caution. The court
cannot delegate its authority to the expert, but has to satisfy itself as to the value to be
given to evidence of the expert in the same way as to the value given to any other
evidence. The reasons given by the expert are ultimately to be weighed by the court
and satisfy itself about the corrections of the conclusion by the comparison of the
prints.

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 (e) Court can direct accused to give thumb impression
In B. Rami Reddy of state of Andhra Pradesh 1971 Cri L J 1591 (V77C 462), the
court was in agreement with reasoning of the full bench of Patna High court (in Gular Klian
of state of AIR 1962 Pat 255) which held that the direction of a magistrate to accused persons
to give signature, hand writing, specimen, thumb impression, finger prints or foot prints for
comparison will not amount to compelling the accused persons to be witnesses against
themselves and would not he hit by Article 20(3) of the constitution.

4. Footprints

 Footprints are the impressions or images left behind by a person walking or running.
 The print left behind at a crime scene can give vital evidence to the perpetrator of the
crime.
 Shoes have many different prints based on the sole design and the wear that it has
received – this can help to identify suspects.
 Photographs or castings of footprints can be taken to preserve the finding.
 Analysis of footprints and shoeprints is a specialist part of forensic science.
(a) Section 45 of IEA does not include foot impressions or foot prints as it does finger
prints or finger impression.
This was the observations made by the court in case Ganesh Gogoi of the State of
Assam. AIR 1955 Assam 51:56 Cri L J 437 Notwithstanding the opinion, the
evidence of foot print expert had been admitted with a rider that there should be other
evidence to bring home the charges to the accused meaning thereby that the opinion
of the foot print expert would not by itself suffice to base conviction.
(b) Foot Prints have not been properly classified nor an’ significant rules for their,
classification made. As such it is quite right to say that foot print science is
rudimentary science, such an observation have been made by court in the case of
Preetam of state of Punjab.1956 AIR SC 415.
(c) Reliability of Foot Print Evidence
(i) Footprint evidence is a weak evidence when seen in the light of the fact that
they cannot be classified as there are no agreed laws for their classification
making its reliability highly unsafe.

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 (ii) In case of Kapil Singh of state of Bihar AIR 1969 SC 53 while referring to the
prosecution relying on the identity of the blood stained footprint with that of
the sample toot print, the court accepted the observation of high court which
held that the evidence is in Is very nature, a very weak type of evidence and I
would not be safe to rely on this evidence and discarded it.

5. Hand writing opinion

It was held that, the expert opinion on hand writing was only the opinion evidence and does
not help the court in interpretation AIR 1994 SC 120 (124, 125).
It is an accepted principle of law that the science of hand writing was not an accurate one (as
evidence of finger prints) and possibility of errors creeping in is it when a handwriting expert
gives evidence, Therefore such an evidence should be received with caution.

6. Dog Tracking Evidence

a) Tracking dog evidence is a weak evidence.
b) It cannot be compared with scientific evidence tendered by experts under Section
45 of IEA describing microscopic evidence blood tests or chemical. reaction.
c) In the case of Abdul Razzaq, State of Maharashtra AiR 1970. SC 283 it was held
that the tracker dogs evidence cannot be linked. to the type of evidence tendered
by scientific experts.

7. Lie detector Evidence

 Lie detector is a misnomer.

 The instrument does not detect lie by itself.
 It is the forensic scientist who analyses and interprets to ascertain if there is any
deception or not.
 The reliability and usefulness has been discussed in details in the relevant chapters in
polygraphy along with court evidence and may be studied form there.

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 Medical Doctors
(a) The most frequent use of expert opinion in criminal proceedings is possibly the
evidence of medical men on various questions confronting the court. Their opinion is
required in a variety of subjects in criminal cases such as cases of death, identification
of human remains, lunacy of person, self-inflicted injury or otherwise, identity of the
person and certificate of illness etc. A medico-legal report is divided into two parts,
One part contains a statement of facts and the second part contains Opinion or
inferences drawn from the facts. The report of Medical Expert is inadmissible unless
he had been examined. Medical evidence is recorded u/s 45 of IEA.
(b) In case Medical evidence conflicts with direct evidence, the court can either believe
the prosecution witnesses unreservedly or explain away he conflict by holding that the
witnesses have merely exaggerated the evidence or rely upon the medical evidence
and approach the oral testimony with caution testing it in the light of the medical
evidence.
(c) Certificate of illness and medical doctor. AIR 1986 Orissa 102 in Nityananda Majhi
Vs Supradas, Evidence of defendant producing doctor’s certificate in support of his
plea of illness on the day of hearing of suit in the trial court, it was observed that
absence of any indication in certificate that defendant was unable to move during
certain period is not fatal to plea of illness-holding that no medical officer indicates in
certificate exact condition of patient.
(d) Exact age of Injuries-Not Possible
(i) The opinion of the doctor with regard to age of injuries cannot be exact.
(ii) The opinion of the doctor though he is considered to be an expert, cannot be
considered to be a conclusive evidence.
 In medical science, the age of injury may be examined and approximate tenure
of time can be ascertained.
 The opinion may not be exact and allows Concession of sometime upward and
downward, Shanabhai Madhurbhai Koli Paid of state of Guarat, 204 Cri LJ
268.
(e) Doctor’s opinion not relied Prem Vs Daula AIR 1997, Supreme Court 715, was
observed that the doctor who conducted the postmortem on the dead body expressed
doubts on the nature of injuries that could have been caused by weapon of offence;
the doctor was found to have given opinion in a very casual manner. The evidence of
three eye witnesses was relied upon.
(f) Unprofessional Conduct of Doctors

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 Court in Karnataka disclosed highly unprofessional conduct of doctors wherein they got won
over by rapists resulted in the acquittal of 94 % of rape cases in the state, as disclosed in a
strongly worded judgement in a case of the State of Karnataka, Rangswami, 2003 Cri LJ 607
which is detailed below:
We need to take note of the fact that in this as in all other rape cases there are not oing otbe
eye- witnesses nor are there going to be witnesses to the actual incident. Invariably the court
is required to accept or reject the testimony of the victim and if the evidence is god enough, it
is usually supported by the medical evidence and forensic evidence. In the present case, the
evidence of PW-5 Jayamma is not supported b’ PW-1 because he has given totally non-
committal evidence and’ it is clear that he has been won over. Jayamma’s evidence is clear
with regard to the aspect of identify in the four accused. It is also very clear about the fact
that pursuant to their common intention she was held down by the accused person and two of
them raped tier. She has also stated that the bite injuries on her breast were sustained in the
course of this incident. The real difficulty that has arisen in this case arises from the fact that
PW-12 Dr. Sijatha in her evidence states that Jayamma had complained of an. attempt to rape
and not actual rape. Whereas Dr. Ashalatha accepts the position that Jayamma had
complained of having been raped. The doctors in this case, obviously because Jayamma is a
poor villager, did not seem to have evinced the requisite interest nor have they acted
responsibly and professionally as one would expect in a case where there is a serious charge
of rape. The manner in which they have conducted themselves is cavalier, to say the least and
the same is the manner in which they have given evidence before the court. Thanks to this
totally disinterested and non-professionally attitude, that the court is left with virtually zero
assistance with medical evidence. We do expect that the members of the medical profession
and particularly doctors who are working in the public hospitals should grasp the seriousness
and the horrifying consequences of the offence of rape and their sexual assault and they
should act with a far more professional, responsible and considerate manner. The fact that
such an incident took place is bad enough and the fact that because of’ this type of handling
in the hospitals the courts are forced to acquit the accused is compounding injustice and it is
high time that the medical profession realizes the damage that is doing and acts in the manner
which the law and courts expect of them.
This court has found that time and again, the medical evidence in almost every case of sexual
assault on women is tampered with and the doctors come out with the evidence that can only
be termed as “pro- accused”. It does not require much intelligence to see through these
malpractices. This clearly indicates that there is a very serious integrity problem at this level.
We have come across instances where the doctors have brazenly given evidence that has
virtually sabotaged the prosecution case as has happened in this instance and we wish to
appeal to the conscience of these doctors, assuming they possess one, that it is because of
what is happening in the hospitals that 94% of the rape cases in this state are ending in
acquittals. We don’t propose to close our eyes to this state of affairs and direct the
government to immediately formulate adequate safeguards to ensure that there is a full stop to
these illegalities.

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 8. Photographic evidence
Photographic evidence
(a) Role of photography is very significant in forensic science at the crime scene
as well as in the laboratory and court.
(b) One picture is worth a thousand words.
(c) According to section 9 of IEA, photographic evidence is admissible to explain
or introduce a fact in issue.
(d) Evidence of identification by a way of photographic superimposition is
admissible under section 9 of IEA. (AIR Cr L J SC 170).

9. Trace evidence

 Trace evidence may be invisible but it can be appreciated in the light of Locard’s
principle which may be termed as “Principle of Exchange.
 Locard’s principle is stated as follows
“Whenever two entities come in contact there is an exchange of traces mutually” this
law of exchange or principle was first enunciated by Edmond Locard and is also
known as Locard’s Principle
In an attack on the life of the hon’ble late Prime Minister Indira Gandhi a sharp actuated
knife was thrown at her by one Lalwani who had hidden, the same in his pocket after
wrapping it same in a paper. The case was registered in parliament street Police Station New
Delhi and the trial started.
The author who had examined the paper and knife tendered his opinion on the basis of trace
elemental analysis of chromium on the paper (invisible) and on the chromium plated knife.
Lalwani was found guilty and awarded punishment by the honorable court.

10. Voice Identification Evidence

Voice Identification Evidence

a) Facility of voice identification using sound spectrograph had been introduced
in the CFSL, CBI New Delhi by the author around 1985.
b) Most of the opinion given by vice experts in Indian courts were relied upon
where as in a few cases opinion were not given due importance or resulted in
the non-acceptance of the same.

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 c) Forensic voice identification by Heizzy Hollion has indicated that research
work showed an error of 30% in voice identification which resulted in
lowering the reliability of the voice identification in USA, to such an extent
that FBI, USA would not use voice prints as evidence in court.
d) Perhaps no specific laws have so far been made regarding its acceptability in
courts in India as is the case with Lie detector evidence.
e) The Hon’ble Supreme Court observed that no attempt was made even to mix
voices of the convict with appellant with some other unidentified voices. In
such circumstances, held high court committed grave error in confirming
conviction of appellant only on evidence of voice identification. Hence
appellant entitled to benefit of doubt as prosecution failed to prove its case
beyond doubt- Maharashtra control of organized crime act 1999 (30 of 1999)
Ss 3(i) (iii)/ 3(2), 3(4) and 3(5)-Penal code l86O,SS l20-B/3O2/115 and
419/120V.
It is fair to mix the recorded voice of an accused with some unknown recorded voice for
making an unbiased comparison and then arriving at any conclusion.

11. Eyewitness, Expert witness & Chemical Examiner

 An Eyewitness certifies what he sees.

 He cannot-draw any conclusion except to state what he had seen / observed!
 An expert witness can combine after he observes examines something but he would
be cross-examined by the opposite party and has to prove to the satisfaction of the
court regarding his achieved expertise.
 His opinion in the court is admissible but not in his absence.
 The chemical examiner is a Govt. Expert, witness and can observe things, analyze the
data, draw conclusions and form an opinion, which can be admitted by the court even
in his absence. However the court may call a chemical Examiner to the court for
tendering opinion and cross-examination.
 The retired chemical examiner loses his status of being chemical examiner on
retirement and is no more a Govt. Expert. He is treated as an ordinary expert witness
under see 45 of IEA who is allowed to give an opinion under Sec.45 of IEA which the
court may/ may not accept after his cross-examination.
The retired chemical examiner loses his status of being chemical examiner on retirement and
is no more a Govt. expert. He is treated as an ordinary expert witness under see 34 of IFA
who is allowed to give an opinion under Sec. 45 or IEA which the court may / may not accept
after his cross-examination, which becomes essential in every case wherein he opines.

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 12. Expert Opinion

 Expert evidence is not conclusive but only an opinion.

 Expert evidence is to be received with caution.
 Court insists on corroboration of expert evidence in general.
 Infirmities of expert evidence are due to Limited knowledge.
 Inaccuracy of expression.
 Partisanship.
 Availability of limited facilities for examination.

13.Expert Evidence

 Earlier, the need of expert evidence was limited only to some limited cases like
medical, forensics, finance, etc.
 With the increasing development in the field of science and technology, the
importance of having the expert opinion/evidence has become very useful in the Court
of law to reach upon a fair and unbiased decisions regarding commission of an
offence.
 The role of experts has been broadened and the Courts take their assistance in various
fields, such as forensics, in DNA tests, ballistic evidences, chemical examiners,
psychiatrists, radiologists and sometimes even cases where the track-dogs are playing
a crucial part in the line of investigation of the crime and hence, their evidence is
admissible in the court of law.
 When there is some technical issue or such issue which relates to foreign law or of
science or art, or as to identity of handwriting or finger impressions and the Court has
to form an opinion upon that point, then the opinion of skilled/experienced persons in
their respective areas may be taken into consideration.

Few considerations regarding the testimony of an expert are -

. (a) Expert evidence is an opinion evidence and not a direct evidence and hence weak.
(b) In a case of Shamin Rehman, state of UP, A ballistic expert tendered the opinion
that the two empty cartridges could have been fired from the 20 bore DBBL gun.
This is not a definite opinion, the Honorable court observed some other facts ‘like
presence of empty cartridges found at the scene and on appreciations of his evidence
as a hole with the background of other facts and circumstances felt there was no
shadow of doubt that the DBBL gun that had been used in firing the shots.

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 Expert evidence and corroboration
(a) Expert evidence being an opinion and a weak evidence needs corroboration.
(b) The Honorable Supreme Court observed that the expert opinion has to be
corroborated by other evidence.
(i) AIR 1957 Supreme Court page 318
(ii) AIR 1963 Supreme Court page 1 940

Expert opinion and reasons

(a) Expert must give reasons in brief along with his report.
(b) Courts are not bound to accept opinion of an expert, they can and do reject
opinions of expert including Government experts.
(c) Experts give their opinions to assist the court and cannot decide any issue. It is
for the court to decide.
(d) In AIR 1974 1(cr 308, it has been observed that if conclusions reached by
experts are unsatisfactory, the court is not hound to accept it.
(e) Expert opinion gets its weight and authority when expert points before the court
all. The materials which induce him to come to the conclusion so that court may
form its own opinion on those materials.

Expert Evidence is Weak Evidence

(a) Expert evidence is a weak type of evidence, needs to be corroborated.
(b) Expert evidence cannot be conclusive proof entirely.
(c) In the case of S. Gopal Reddy, State of Andhra Pradesh, it was held ‘that the
evidence of an expert is rather a weak type of evidence and the courts do not
generally consider is as offering conclusive proof and therefore safe to rely upon
the same without seeking independent and reliable corroboration.

Expert in the Court

(a) The expert is not a witness of facts only. He should give significance of facts
and submit his finding to court to assist it and function as an advisor.
(b) The expert is neither for prosecution to function as a prosecuting witness and
nor for the defense. He is witness of the court.

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 (c) The scientific opinion be expressed in simple language to make it intelligible
and convincing with sound reasons so that they get due consideration by the
courts. Court may not place any reliance on an expert opinion which is
unsupported by sound reason. Prem Shankar, State, U P 1957, Cri U 110
Allahabad. Hafi Mohammad Ekramul Haw, State, West Bengal, AIR (1 959) Sc
443. Kishori Mohan, State, Orrisa (1974), Cuttack.
(d) The scientific data and other relevant material like reference from book are
furnished to the court which would form basis of his conclusions to achieve his
credibility.
(e) He should provide the court necessary scientific criteria for testing the accuracy
of the conclusion with clearly stating margin of error in his experimental work.
(f) The report of the expert does not go in to evidence automatically since an
opportunity would be normally provided to the defense to examine the expert
and has his cross examination conducted in the court as observed in case of V.
Jailal, state, HP in 1999 7 S C 280.

Difference of Opinions Expressed by Two Experts

Difference of opinions may occur in the following ease:
(i) Government expert and private expert may he engaged by defence.
(ii) Between two private experts
(iii) Between two Government experts

 Regarding (i) and (ii)

The two important judgments relevant to the issue are produced below:
 In Cri L J 810 (H.P.) Raj Mohamaddan, State of H.P. where conflicting opinions
expressed ‘by the government expert and the expert produced by the accused, it
was held that the opinion of Government expert was more reliable.
 When two experts are giving evidence in different manners, the opinion of the one
who has the better qualifications and experience in the particular subject under the
enquiry will be preferred AIR 1965 SC 365.

 The author feels that the government examiners, in general are better trained and
qualified and have better facilities for examination; should get an edge over the
private expert because expert engaged by a private party is a biased witness for the
simple reason, that he is a remunerated witness who knows beforehand why he
has been called and the party calling him wishes him to prove, is it therefore more
improbable that he has an unconscious bias in favor of party calling him.

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  This detracts from the weight to the attached to such witness’s opinion
Abhavanand, State: of BiharAlR.’1959 Pat 328, 1959 Cri U 893.
 The author feels that it is worth noting that the government experts too get paid
for the, work of reporting done by a way of monthly pay and that prosecuting
agencies do brief them about the case and explaining their requirements directly or
indirectly at times.

Regarding (iii)

 Though it is a rare case where two government experts differ and give divergent
opinions but this can happen and does happen. The author is aware with many such
cases which get a clear signal when it gets examined by a third expert.
 Under section 482 Cr PC, the High court is vested with inherent powers to call for
second report from chemical examiner; Section 482 Cr PC lays down.
 “Nothing in this code shall be deemed to limit or affect the inherent powers of high
court to make, such orders as may be necessary to give effect to aI1y order ‘under this
code or prevent abuse of the process of any court or otherwise to secure ends of
justice”
 ‘In 1974 SC (Cri) 409 it was held that in the case of an excise inspector who had put
in twenty one years in that position and had examined lakhs of samples of ‘liquors
and illicit liquors as fit to be regarded as an expert within the ambit of section ‘45 of
the Indian Evidence Act.

14. Summary
After having read this module you will be able to –

 Understand the term evidence and its importance in a legal proceeding

 The different types of evidences – fingerprint, footprint, photographic, polygraphy
and their relevance in a case.
 The differences between an eye witness, an expert witness and a chemical examiner
 Understand the term expert opinion and throw light upon its importance in the court
of law.

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