60
24 on 06.07.2011 which was verified by the former vide letter dated 11.07.2011.
The prosecution relied on these findings to corroborate the presence of the
appellants at the crime scene.
112. Interestingly, PW-24 KK Dwivedi in his chief examination has stated that
letter no. AC Branch/E/80/11 dated 20.06.2011 was sent by Finger Print Branch
Indore to MIG Police Station for comparison of chance fingerprints with the
fingerprints of family members/suspects. However, his cross-examination
reveals no such letter was on the record. The cross-examination also shows that
he did not obtain fingerprints of any other person (including family members of
the deceased) or article that was present at the place of the incident, for the
purpose of comparison - a point which has been urged by the counsels on behalf
of the appellants, laboriously. He also deposed that there was neither a mark of
the whole palm on the door, nor bloody fingerprints on the door; and the other
fingerprints available on the door were unfit for lifting.
113. The appellants’ counsel questioned the circumstances relating to the
fingerprint evidence, on grounds such as (i) absence of any elimination print;
(ii) irregularity in obtaining the appellant’s fingerprints; (iii) non-examination of
constable Dinesh (who collected the fingerprints of the deceased for the process
of elimination) by the prosecution; (iv) the absence of covering letter, along
with the fingerprint expert’s report, when produced in court; and (v) the
fingerprints of the appellants were not procured in accordance with law, as there
was no compliance with Identification of Prisoners Act, 1920.
114. This court would take up the last argument, at the outset. In Sonvir v.
State (NCT) of Delhi37, it was held that the provisions of the Identification of
Prisoners Act, 1920, were not mandatory, but rather directory, and that they only
affirm the bona fides of the sample-taking (of the fingerprints of an accused)
and eliminate the possibility of evidence fabrication. This court however, made
37 (2018) 8 SCC 24
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents