In pursuit of the truth- How it is achieved by our Justice system !
THE PREAMBLE:-
Prior to the middle of the 19 th century the mysticity rather than scientific analysis played its major role in solving the local disputes- both of civil and criminal in nature. Such solutions to the individual disputes offered at the lower level of village and town panchayats, were not based on any logic or rationale. But mere assumption, speculation or surmise by the members of the local group of persons, commonly known as the Panchayat.
Even when the disputes or complaints were examined by the courts of law, the outcome of the cases appeared as if they leave enough scope for further analysis at the higher level courts or tribunals when appeals for review of decisions by the lower tribunals or the courts.The reason was the application of science to test the veracity of the complaints or disputes was still in a dormant stage.
During the fag-end of nineteenth century, the science in all the branches and the related technology,ie.,applying scientific knowledge to practical problems progressed by leaps and bounds. The general approach to the point of view transformed itself from mere mysticity and assumption to finding the truth by the aid and application of various branches of science. It bacame so apparent particularly in criminal investigation. For centuries Justice has been searching for TRUTH and the Courts of Law started placing great reliance on the SCIENCE in PURSUIT of the same.
Pioneers in various fields of science with frequent breakthrough in their inventions and discoveries offered to build the foundation of new branch of science called police science to unravel the truth behind several mysterious cases- which would have remained unsolved even today.
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The pioneers who contributed to building a strong foundation for police science are:-
1. ALPHONSE BERTILLON ( France- 1853-1914). He was a French police officer and biometric researcher who applied the anthropological techniques of ANTHROPOMETRY to law enforcement in 1879, creating an identification system based on physical measurements.He is credited as the father of anthropometrics. He maintained the records of standing height, sitting height, length of head and trunk, distance between fingertips etc., of criminals.
But this system of identification had its own flaws and demerits as such measurements could be found in other individuals making the positive identification doubtful. But as there was no other system of identifying during the said period, the ANTHROPOMETRY was used to some extent for establishing identity subject to other corroborating evidence against the suspect to prove his culpability in a crime.
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The system of identification of arrested persons developed by Bertillon, by using their portrait parle with mugshots of face and side face, was successfully used by French police and police departments from other countries. His method was quite helpful in identifying offenders when re-arrested after their release.
2.HANS GROSS:- He was an Austrian Professor who founded criminalistics and after extensive research on the topic published his work in 1893- Handbuch fur Untersuchhungsrichter (Criminal Investigation). It is the first book of its kind published anywhere in he world. His research work helped to establish the Science of forensics, especially in terms of a cross-transfer of evidence, such as dirt, fingerprints, carpet fibres,or hair, from the criminal to the victim.
The forenic science so initiated and developed by him entailed the application of the methods of the natural and physical sciences to matters of criminal and civil law.He suggested that almost any science can be a forensic science as it can contribute to solving a crime or evaluating a civil harm.
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3.Dr. EDMOND LOCARD. (1877 -1966) :-He was a French criminologist, the pioneer in forensic science who formulated the basic principle - " Every contact leaves a trace."
This is known as the Locard's Exchange Principle. He suggested that whenever the perpetrator of a crime visuts any place he or she will bring something into the crime scene and leaves with some minute but significantb traces or clues from the scene. Both of these can be used as forensic evidence.
His study and research on this subject was widely used around the globe for identification of offenders and detection of crime and he was known as Sherlock Holmes of France.He not only emphasized the theory of exchange principle but insisted for great care in examination of crime scene, immediately after its commission, for collecting minute and fragmentary evidence and its proper evaluation for fixing the presence and culpability of the suspect at the scene.
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Although it was possible to establish the identity of suspects on the basis of Bertillon's anthropometric methods of photo parle, measurements of body, earlobes, limbs, hands, fingers and toes, such identity had its own doubts and demerits. It was primarily because the similar measurements got repeated in case of other suspects, though other parameters of their identity through witnesses, their place of stay on the date and time of occurrence of crime differed entirely.
Amidst all these findings, theories and innovations, a landmark development surfaced around the year 1870, leading to a revolutionary discovery of an infallible and fool-proof.
4.Dr.Henry Faulds. A Scottish physician had visited India as a medical missionary in 1871. While working at the Tsukiji Hospital, Tokyo during 1877 he was involved in study of fingerprints. He made an important discovery that fingerprints could be classified and that ridge details were unique to the particular finger of each individual. He was the first inventor to determine the importance of using Printer's Black Ink for recording fingerprints as the ink leaves long-lasting and identifiable pattern on the documents. He studied the fingerprints of monkeys. He was also a first scientist to give the idea of tracing a criminal from a chance print at the scene of crime, when developed and preserved in a methodical way for matching it with the finger prints of suspects.
He identified 2 cases (a) Greasy Finger prints on a glas tumbler was identified with the fingerprint of a person already fingerprinted.( b) finger prints left by chance by a person on a white wall were also identified. His observatations so far unprecedented, were published in the British Journal, " Nature"in its issue of 28.10.1880. In 1905 he published a book titled "Guide to Finger Print identification".
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5.SIR WILLIAM HERSCHEL :- He was an officer from the erstwhile Indian Civil Service (presently IAS after Indian Independence) serving as the Collector of Hoogly district in Bengal. He is credited with being the first European to recognise the value of fingerprints as a means of identification of persons.
He established the fundamental time tested principles of PERMANENCE and PERSISTENCY of ridge characteristics in fingerprints. To establish these principles he imprinted his own finger, palm and sole prints at different intervals during 1856 ( when his age was 26), during 1877 ( when he was 44), and during 1916 ( when he was 83). He found that the ridge characteristics and patterns never changed during human life.
On his directions the first thumb impression along palm-print was recorded on a contract document. This historic contract is still preserved in the British museum.
He ordered the use of fingerprints for identification of prisoners from 1858. In 1877 he directed all the Registrar of Deeds to take fingerprints from all the executors of deeds to prevent impersontion.
He made it a rule to record fingerprints of all pensioners during 1880.
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6. SIR FRANCIS GALTON :- He took up the study of fingerprints in 1890. He studied the fingerprints of the entire members of family from their childhood, boyhood, manhood to old age and gave his findings as under:-
1.That Fingerprints never change from birth to death till decomposition sets in.
2. That no two fingerprints will be identical unless they are taken from the same finger of the same person.
He devised a classification system comprising three broad patterns Arch, Loop and whorl . This system of classification along with Bertillon's Anthropometric method was introduced in Scotland Yard, London.
in 1892 he published the book titled "Finger Print". His unique laboratory was first of its kind for the study and research on fingerprints.
7. SIR EDWARD RICHARD HENRY (1859 -1931 ):-
He was Inspector-General of Police, Bengal from 1891. Developing further on the system introduced by Sir Galton, he devised a novel system of classification and systematic record of 10-digit fingerprints of suspects and habitual offendors and convicted criminals which is being adopted and used around the world today, even after 130 years of its innovation. His book titled " Classification and use of fingerprints " in 1900 is a masterpiece on the subject.
With Henry's classification system of identifying of habitual criminals attaining perfection during March, 1897, it replaced the Anthropometic system earlier used for identification as it had several flaws and demerits leading to mistaken identities involving innocent persons bearing near or similar identification parameters.
Thus, the first ever Finger Print Bureau was established at Calcutta, Bengalon 12th June, 1897.
If the entire growth in study and research of this unprecedented, most accurate and perfect scientific method of identification from 1886 to 1897 could be summarized, the science was first suggested by Dr.HENRY FAULDS, initiated by SIR WILLIAM HERSCHEL, developed into a system by SIR FRANCIS GALTON and perfected and applied practically by SIR EDWARD RICHARD HENRY for the benefit of criminal justice community.
Thus, the incredibly amazing invention by a handful of scientists for establishing the most unique, fool-proof and conclusive identity of individuals by means of their fingerprints has been historic in the criminal justice delivery system. Several difficult cases could be solved by bringing the guilty to book and at the same time establishing the innocence of many persons not involved in any way but were falsely implicated.
For several culprits who would loot the property from the dwelling places and immediately escape from the scene unnoticed, the latent fingerprints left behind by them on the objects and articles served as the Burglar's Visiting Card to the investigators fraternity.
DAY - 7 09 Feb, 2020
Positive identification of individuals has always been a challenge and problematic in the justice system around the globe. Even a small lapse or error in determining the infallible identification would result in mistaken identity and thereby punishing of a totally innocent persons unconnected with the alleged offence, minor or serious in nature. Therefore, the Courts of law have been exercising a great deal of diligence, attention and caution in accepting the police or prosecution theory before they deliver the judgment.
Today personal identification is a science in itself and the science of identification saw a major breakthrough during the year 1984.
SIR ALEC JOHN JEFFERYS:-
He is a British geneticist, who developed techniques for genetic fingerprinting and DNA profiling which are used worldwide in forensic science to assist police defective work and to resolve paternity and immigration disputes. For the first time this analysis was used in 1984 when it was realized by Sir Alec that variation in the genetic code could be used to identify individuals with distinct positive identity. But it was also discovered by this scientist that the DNA profiling of identical twins exactly match each other, while fraternal twins which grow in the womb from a separate egg have different DNA profiling.
JAMES WATON, known as the father of DNA, a Nobel laureate , published papers on the structure of DNA in the Nature magazine together with his team of scientists in 1953. Thereafter, April 25 is observed as DNA Day.
Dr.Lalji Singh (1947-2017), an Indian scientist has worked in the field of DNA fingerprinting technology.
DNA test is now a predominant sophisticated forensic technique for identifying criminals when biological tissues are left at scenes of crime. Samples such as muscle, saliva, skin, blood, sweat, hair or semen not only helps to fix the conclusive and foolproof identification of culprits but also serves to exonerate if they are innocent. Results of analysis of samples of one individual by this technique provides genetic information regarding his or her relatives.
Great care is required to be taken while collecting DNA samples of blood etc., by a responsible medical officer preferably in the jail ward itself or to a civil hospital.Two samples from each person is to be taken to facilitate re-analysis of 2nd sample if the results of the first one is challenged by the parties.
DAY-9 14th February, 2020
The DNA fingerprinting, a miracle of science discovered in 1985, hit a major milestone in foresic identifications by determining that the Chromosomes are made up of the chemical known as Deoxy ribo nucleic acid. That a a child approximately inherits an amount of 50-50% of DNA from its parents. That in the approximately 3 trillion cells of the human body the DNA is similar. That the most stable molecule of any biological system is DNA which is made up of 4 basic units, namely AGCT. That all tissues including bone and teeth are suitable for the DNA analysis including blood, skin, saliva, sweat, hair or semen. That the blood sample after collection in the presence of judicial magistrate, from the concerned person, should reach the DNA laboratory (in clean srerile tube in ice) within 48-72 hours. That the amount of tissue sample required for analysis should not be below 100 mg to be preserved in 0.9 % sodium chloride solution . That molar tooth is the best choice for DNA fingerprinting analysis to finally establish the identity.
Just as other Expert opinions, the opinion of DNA fingerprinting experts is admissible and accepted by the judiciary under Section 45 of the Indian Evidence Act. In India, the only institution in the country set up by the Government of India for analysing all kinds of DNA related samples is - Centre for DNA Fingerprinting and Diagnostics (CDFD), Hyderabad.
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PURSUIT OF TRUTH:- THE IMPORTANCE OF POSITIVE IDENTIFICATION DURING INVESTIGATION AND DETECTION FOR THE EFFECTIVE ADMINISTRATION OF OUR JUSTICE SYSTEM.
The basic principle of criminal law is that a fact or circumstance should be proved against the accused before it can be relied upon and used against him. This can be done only by the evidence of infallible identification of the concerned person to the total satisfaction as required by the law. As such the EVIDENCE AS TO IDENTIFICATION deserves to be subjected to a close and careful scrutiny by the Court.
IN ALL criminal cases, the important points that are to be decided are whether the alleged offence was committed, and, if so, who committed the offence. Even in civil cases the question of identity may arise; e.g., in a case of adoption, the question may arise whether a particular person is the adopted son of a particular individual.
THE TERM INVESTIGATION consists generally of the following steps, viz., 1.Proceeding to the scene of occurrence in the quickest possible time, 2. Ascertaining all the facts and circumstances of the Case, 3. Discovery and arrest of the suspected offender/s 4. Collection of evidence relating to the commission of the offence, which may consist of (a) the examination of various persons (including, the accused) and recording their statements in writing, (b) the search of places or seizure of things considered necessary for investigation and to be produced at the trial in the Court. 5. Formation of opinion as to whether a case for trial is made out from the examination of the accused and the witnesses and material collected and if so to file a charge-sheet.
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An investigator is the kingpin of criminal justice delivery system. Therefore, in order to bring the case to its logical end bias or prejudice against the accused or the complainant should be totally avoided.
The Hon'ble Supreme Court of India has observed on a number of occasions that:-
A bias attributed on the part of the investigator may lead to a deception leading to injustice. A duty is imposed upon the investigator to give an impression that it has been done without an element of unfairness or ulterior motive. He must dispel a possible suspicion to the genuineness of the investigation done. An attempt of an investigation officer is to make a genuine endeavour to bring out the truth.
To achieve this objective, the investigators should determine that the crime reported is indeed bonafide- that the incident is not simulated to mislead for a malafide purpose of collecting insurance or making claim for any other benefits from the Government or other agencies. To establish the authenticity of reported incidents of crime or any other loss due to fire, accident etc., it is quite important that the scene of offence or mishap should be examined very keenly , thoroughly and methodically.
it is all the more mandatory that crime scene should be cordoned off immediately so that no unauthorized person including the inmates enters and nothing is brought in or moved away from the scene of occurrence. The microscopic clues such as finger, foot prints or foot or shoemarks are not visible to the naked eyes . Other physical clues like hair, blood stains are DNA evidence and are so delicate that unless preserved immediately in the prescibed manner, the chances of their destruction is certain. Moreover, it is quite likely in almost all cases that the perpetrator leaves
A complete examination and record should be made of the CORPUS DELICTI - which means the body of the crime or the subject-matter which has been the particular objective of the criminal. It establishes the fundamental, but highly essential, fact that a crime has been committed. In homicide cases CORPUS DELICTI means the victim's death together with the fact that it was caused by the wrongful act of another.
Crime scene examination soon after the Assassination of former PM of India Mr. Rajiv Gandhi.
The most tragic incident of the assassination of the former PM of India by the Liberation Tigers of Tamil Ealam (LTTE) operatives masterminded by its Commander V.Prabhakaran, sent shock waves around the globe.
The thorough and meticulous examination of crime scene by the CBI team at Sriperambadur led to the recovery of vital clues during the investigation of ghastly assassination of our former Prime Minister, Rajiv Gandhi in Tamil Nadu on the fateful night of 21st May 1991 during his last leg of election campaign for Lok Sabha elections. The professional manner adopted by the team in searching not only the scene of blast and its surroundings but also the nearby places where the suspects were in action during the days previous to their strike, paid rich dividends. The SLR camera used for capturing photographs of the VVIP during his final moments near the dias of public meeting was traced intact near the site of blast. The films developed from it helped in identifying the offenders as they were not familiar faces among the local residents attending the public meeting. Search of the residence of photographer Haribabu ( he was killed in belt bomb explosion at the spot) resulted in recovery of a cash receipt for a sandalwood garland. Haribabu had given shelter to the assassins at his home and also helped the offenders buy a sandalwood garland for garlanding the VVIP, from a local art and handicrafts showroom, Poompuhar. The cash bill was use to link the garland to the offenders.
