45
32.
The procedure detailed in the Karnataka Police Manual captures the
importance of development and preservation as well as the method of
packing and safe keeping. Such a procedure, if adopted, will not raise any
doubts. Secondly, in the aforesaid decision, the conduct of the Investigating
Officer in keeping the concerned material with him for almost two months,
was not approved by this Court. In the present case, Constable Dharmender
Singh was not examined by the Prosecution. There is nothing on record
regarding the competence of said Dharmender Singh, and whether he was
adequately trained, or was an expert in lifting the fingerprints from material
such as glasses; nor was any evidence led detailing out the procedure
adopted by him. In the absence of any such material, it is extremely difficult
to rely on the report that the lifted fingerprints from the glasses matched
with the sample fingerprints of accused Sanjay @ Sonu and Saurabh @
Sanju.
33.
In any case, apart from the fingerprints, there was nothing else on
record against these two accused. It was observed by this Court in Musheer
Khan alias Badshah Khan and another vs. State of Madhya Pradesh6:
“34. It will be noticed that under the Evidence Act, the word
“admissibility” has very rarely been used. The emphasis is
on relevant facts. In a way relevancy and admissibility have
been virtually equated under the Evidence Act. But one
thing is clear that evidence of fingerprint expert is not
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