as Ext. 105 and indicates that the soil sample
collected from the pair of shoes tallied with the soil
sample that was recovered from the pond in respects
of hue, physio-chemical characteristics and spectrochemical composition.
72. First of all, we may observe that there is no
evidence to show that the aforesaid observations
made by the expert in Ext. 105 are admissible ipso
facto under Section 293 of the CrPC which is
equivalent to Section 329 of the Bharatiya Nagarik
Suraksha Sanhita, 2023. It may be noted that the
expert who prepared the report was not examined by
the prosecution.
73. Furthermore, the findings in this report are
absolutely vague and inconclusive. If at all, the
prosecution desired to prove without any exception
that the soil found on the shoes of the accused
64
Criminal Appeal No(s). 1954-1955 of 2022
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