20
despite both departments being in Indore. The fingerprint expert’s report (Ex.
P84) is not credible because elimination of the deceased’s prints was not
explained by PW-24 KK Dwivedi (fingerprint expert) or in his report Ex. P84.
Only the final conclusion of elimination has been written about. There is no
scientific evidence that fingerprints are unique for all individuals and therefore,
heavy reliance cannot be placed on it. It is only corroborative in nature. Further,
the counsel highlighted that the fingerprints were not lifted from the knives,
pistol and ornaments seized from the accused. Counsel relied on Mohd. Aman &
Anr. v. State of Rajasthan12 and Chandran @ Surendran & Anr. v. State of
Kerala13, for arguing that fingerprint proof cannot ipso facto lead to conviction.
37.
Learned senior counsel then argued that the shoeprint report (Ex. P125)
mentioned that the chance shoeprints were incomplete and unclear, despite
which the expert proceeded with the examination and came to a finding of the
prints being identical to F6 (right), G4 (right), and H3 (which does not specify
which side, as per Ex. 125). Rahul’s foot impression was not taken as per
Section 4 read with Section 2(a) of Identification of Prisoners Act along with
Rule 822(4) of MP Police Regulations Rules. It was urged that this was
important in proving that Rahul wore shoe size 44. PW-5 mentioned that there
was a lot of blood on the floor. Elimination prints of shoes were not collected
from PW-5 or anyone else present at the scene of occurrence. At this point it is
worth noting that among others, five persons had entered the place of
occurrence to act as witnesses to the inquest proceedings. The scene of crime
report (Ex. P77) mentioned that the shoeprints were bloodied and partial in
nature. All these cast doubts about authenticity and reliability of the footprint
expert’s report.
38.
Mr. Shri Singh, learned counsel arguing pro bono on behalf of the
appellant Neha, supplemented the contentions of Ms. Anjana Prakash. He
12 (1997) 10 SCC 44
13 (1991) Supp (1) SCC 39
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