44
given to their package. The following essential
points should be borne in mind:
• It should be ensured that no
portion of the article where prints
may be found should get into
contact with anything else and
• The articles should be securely
packed in a suitable container.”
Clause (iv) was clearly not followed when Nanaiah
took the plastic cover along with him and this is an
extremely serious lapse. However, we give him the
benefit of doubt and assume that it is perhaps with
clause (v) in mind that Nanaiah took the plastic cover
along with him.
35. While we completely disapprove of the manner in
which Ext. P-18 was taken away by Nanaiah (and the
investigating officer did nothing about it), the case of the
prosecution does not get strengthened even if a valid
procedure was followed, since there is nothing on record to
show that the “admitted” fingerprints on Ext. P-20 were
those of Prakash which could be compared with the
fingerprints on Ext. P-18 and the enlarged photograph being
Ext. P-19.
36. Assuming that Ext. P-20 was a valid piece of evidence
validly obtained, there is no explanation why it was kept by
the investigating officer from 14-11-1990 till 9-1-1991
when it was received by Nanaiah. The Karnataka Police
Manual highlights the importance of keeping safe an article
containing fingerprints. In view of its importance, Nanaiah
did not trust anyone with the plastic cover bearing the
inscription “Canara Bank” (Ext. P-18) and carefully took it
along with him to avoid its getting damaged by getting into
contact with anything else. On the other hand, we have the
investigating officer keeping Ext. P-20 with him for almost
two months and in circumstances that seem unclear. We
cannot rule out the possibility of Ext. P-20 getting damaged
due to careless handling.
37. We are of the opinion that there is no fingerprint
evidence worth it linking Prakash to the murder of
Gangamma.”
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