New Delhi, December 23
A Delhi court directed Aaftab Amin Poonawala, accused of killing his live-in partner Shraddha Walkar, to give his voice sample for taking forward the probe in the “sensitive case”, rejecting vehement claims by his counsel that a copy of the application and the time to consult the accused be given before ordering such a test.
The court said a fair investigation was also required in the larger public interest. Referring various judgments, the court said the consent of an accused was only required for tests like narco analysis, brain mapping and polygraph and that the right to refusal was not available when a voice sample had been sought.
“True, fair trial is right of an accused but it is also true that fair investigation is also required in the larger public interest as the offence cannot escape and crime cannot go unnoticed merely because accused is not ready to aid in the investigation. Thus, the application moved by IO (investigation officer) seeking permission for voice sampling test of accused is allowed,” Metropolitan Magistrate Vijayshree Rathore said.
The magisterial court, meanwhile, also extended Poonawala’s judicial custody by 14 days. He is in judicial custody since November 26. Poonawala, accused of brutally killing her girlfriend in Delhi’s Mehrauli and dismembering her body, appeared before the court through video-conference.
The court rejected the vehement submission of advocate MS Khan, appearing for Poonawala, that a copy of the application, besides the time to consult the accused, be given before ordering the voice sample test. The court, which permitted the lawyer to consult Poonawala through video-conference during the proceedings, deprecated the “delaying tactics” and said the right to defence was not available to an accused during the investigation.
Special Public Prosecutor Amit Prasad, appearing for the Delhi police, informed the court that the IO had already taken appointment at Central Forensic Science Laboratory (CFSL), CBI, Lodhi Colony, for the voice sampling test on December 26 at 10 am. “Considering the submissions of Special Prosecutor for the State, Superintendent, Tihar Jail, is directed to produce the accused before the CFSL, CBI Lodhi Colony, at 9.45 am,” the court said.
It asked the director of the CFSL to conduct the test and submit the result to the court in a sealed cover. The court said “compulsory consent” of the accused in handwriting, fingerprints and voice sampling test is not needed and voice samples taken for investigation cannot be considered a “testimonial compulsion”.
