Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Control of. Organized Crime Act 1999 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Maharashtra Control of Organized Crime Act, 1999 (30 of 1999) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Maharashtra Control of Organized Crime Act, 1999 - s. 3 - Accused entering into a conspiracy on phone to eliminate prominent businessman - Conviction and sentence under the relevant provisions of the MCOCA Act and Penal Code - Acquittal of A 1 to A4 of all the charges leveled against them by the High Court - However, the conviction and sentence of the appellant-A5 upheld - On appeal, held: High Court having disbelieved the prosecution version against A1 to A4, committed a grave error in upholding the conviction of the appellant only on the evidence of voice identification - Having disbelieved the voice identification in the case of accused Nos. 1 and 2, there was no reason to adopt a different yardstick in the case of the appellant - Voice identification was conducted without taking any precautions similar to the precautions which are normally taken in visual identification of suspects by witnesses - There is no evidence on record to connect the absconding accused with the mobile number allegedly used by him nor to indicate that the appellant was having or using any of the given mobile numbers - There was no seizure of any mobile phone or even SIM card at the behest of the appellant - Also, the High Court erroneously overlooked the infirmities in the evidence with regard to .the authenticity of the tape recording produced in the court - Veracity of the voice identification would not improve merely because a recording has been made after receiving official approval - Crucial identification was of the voice of the person talking on the tape - The revolver allegedly recovered from an open space, at the back of the house, did not even belong to the appellant, and therefore, could be of little assistance to the prosecution - More so, order of acquittal of the appellant for the offences u/s. 315 of the Arms Act has become final . Thus, appellant entitled to the benefit of doubt as the prosecution failed to prove its case beyond reasonable doubt. Appellant acquitted of all the charges levelled against him- Penal Code, 1860 - Arms Act, ยท 1959. Evidence -- Evidence of voice identification - Reliability of - Held: Evidence of voice identification is at best suspect, if not, wholly unreliable - Accurate voice identification is much more difficult than visual identification - It is prone to such extensive and sophisticated tampering, doctoring and editing that the reality can be completely replaced by fiction. Thus the courts have to be extremely cautious in basing a conviction purely on the evidence of voice identification -Identification. |
Judge | Hon'ble Mr. Justice S.S. Nijjar |
Neutral Citation | 2011 INSC 195 |
Petitioner | Nilesh Dinkar Paradkar |
Respondent | State Of Maharashtra |
SCR | [2011] 3 S.C.R. 792 |
Judgement Date | 2011-03-09 |
Case Number | 537 |
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