2005 Cr.L.J. Bombay 2868
CBI, New Delhi V. Abdul Karim Telgi & others.
Evidence Act Sections 8, 45 – Application for permission to record voice sample of accused – For purpose of identification of his voice to compare it with tape recorded telephonic conversation – Requiring accused to record his voice sample – does not infringe article 20(3) of Constitution as it does not amount " Testimonial Compulsion"
In such a case, even if the subject application seeking for direction to accused to give his voice sample as filed by the investigating agency before the court makes no reference to any specification provision of law even so it is not a case of no jurisdiction to consider such application or grant to said relief. If such direction were to be granted and the accused resisted or refused to co-operate, the consequence thereof is provided under Sec. 6 of the Act 1920. This obviously may be in addition to the adverse influence that can be drawn against the obstinate accused. (para 14)
source;http://acb.rajasthan.gov.in/judgment.asp
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CBI, New Delhi V. Abdul Karim Telgi & others.
Evidence Act Sections 8, 45 – Application for permission to record voice sample of accused – For purpose of identification of his voice to compare it with tape recorded telephonic conversation – Requiring accused to record his voice sample – does not infringe article 20(3) of Constitution as it does not amount " Testimonial Compulsion"
In such a case, even if the subject application seeking for direction to accused to give his voice sample as filed by the investigating agency before the court makes no reference to any specification provision of law even so it is not a case of no jurisdiction to consider such application or grant to said relief. If such direction were to be granted and the accused resisted or refused to co-operate, the consequence thereof is provided under Sec. 6 of the Act 1920. This obviously may be in addition to the adverse influence that can be drawn against the obstinate accused. (para 14)
source;http://acb.rajasthan.gov.in/judgment.asp
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