61 it clear that not following or complying with the provisions of the Act, would not per se vitiate the evidence, in a given case. This was again affirmed in Ashish Jain & Ors. v. Makrand Singh38. 115. In the present case, PW-24’s deposition corroborates the lifting of the fingerprints by constable Dinesh in his presence. Therefore, the nonexamination of constable Dinesh is not fatal to the prosecution’s case regarding fingerprints. As far as the integrity of the crime scene is concerned, PW-21 deposed that though the door to the flat was open, when he reached there, the police were standing outside and it was not possible that the crime scene was contaminated. The IO (PW-31) admitted that the crime scene was not sealed when the investigation took place on the evening of 19.06.2011; however, he clarified that the forensic department personnel who reached the site before him had secured the place. Given this consistent evidence, this court is of opinion that the possibility of members of the public or unauthorized persons, contaminating the crime scene, so soon after the incident was reported, is remote. 116. Fingerprints collected at a crime scene from all personnel who were at the scene and who might have inadvertently touched physical evidence, are known as ‘elimination prints’. In the present case, elimination prints of the deceased were obtained on 20.06.2021; they were part of the record. The record would show that PW-3, PW-5, PW-9 were present at the crime scene, but admittedly their fingerprints were not obtained. It appears from the testimony of PW-9 that initially, the witnesses were asked to be outside, but later, asked to join the proceedings, to witness the seizures made. All the three witnesses, consistently deposed regarding fingerprint experts’ visit to the site, the use of powder on the surfaces and lifting of fingerprints. PW-5, in cross examination said that his fingerprint was not obtained. During hearing, counsel for the appellants had repeatedly emphasized that elimination prints were not taken from others 38 (2019) 3 SCC 770

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