Brief Facts of the Case
The Fast track Court, Gurgaon convicted the Appellants u/s 396 r/w Section 120-B of IPC. They had been charged and with & tried for offences punishable u/s 302/201/396 of IPC. Through a telephonic message in the Police Station of Farrukh Nagar, it was informed that a dead body was lying near Horse Farm at Pataudi- Gurgaon Road in the area of Patli. After reaching the spot the police recorded the statements of the Complainant that it was his father’s dead body. He stated that someone unknown had murdered his father by strangulation. The trial was started u/s 174 Cr.PC, following lodging of FIR and investigation. During the interrogation, all the Accused disclosed the commission of murder of the said man & that they threw the dead body around Horse Farm.
Arguments before the Court
The counsel on the behalf of the Accused submitted that the disclosure statement was recorded in Farrukh Nagar. He also stated those disclosure statements were recorded in his presence
In cross-examination counsel for the Accused stated that the dead body was lying 7/8 feet from the main road. He was wearing clothes but they were in torn condition & the clothes were stained with blood. The learned PP presented in evidence the Forensic Science laboratory report Bangalore on polygraph examination Ex.PDDD. Ex.PEEE is the Brain Mapping report.
Observation of the Court
The High Court observed that in the case of Selvi v. State of Karnataka, 2010, the Supreme Court held that the compulsory conduct of narco-analysis, polygraph test, and Brain mapping tests violates the “right against self-incrimination” and the test results cannot be admitted in evidence if it has done under compulsion.
Decision of the Court
The Court in its verdict stated that it would be unsafe to convict the Accused solely based on the recoveries from the disclosure statements of all the Accused. And therefore the appeal was allowed. The Appellants were acquitted from all the charges against them. The Court directed to release the Accused straight away, if not required in any other case.
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