Karnataka HC: Sending Voice Sample In Graft Case For Analysis To Private Lab Instead Of Govt Forensic Science Lab Affects Rights Of Accused

 It is pertinent to note that without exhausting

the remedy before the Forensic Laboratory of Karnataka,

sending the voice sample to the Truth Labs, which is a

private agency and collecting the report which is been

placed as a gospel truth in filing the charge sheet has also

resulted in affecting the rights of the accused. Therefore,

the very cognizance itself should not have been taken by

the learned Special Judge and charge sheet should have

been returned. {Para 19}.

The Karnataka High Court upheld a trial court order discharging a public servant of graft charges under the Prevention of Corruption Act as the Lokayukta police sent the voice sample of the conversation between the official and the complainant wherein he allegedly demanded a bribe, to a private agency instead of sending it to government Forensic Science Laboratory for analysis.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

CRL.RP No. 699 of 2017

STATE OF KARNATAKA  Vs G. RAMACHARI

CORAM: HON'BLE MR JUSTICE V SRISHANANDA

DATED THIS THE 6TH DAY OF DECEMBER, 2024

Citation: 2024:KHC:50561.

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Importance of metadata in appreciation of evidence

With proper forensic analysis, metadata can help highlight patterns, establish timelines, and point to gaps in the data.

When it comes to metadata as part of a litigation strategy, we mostly see it used as supporting information about the data. It is unusual, but not unheard of, to see metadata used directly as evidence. When the data is black and white, you don’t need to depend on metadata to make your case.

That is likely to change as more people understand the role metadata can have in developing legal strategy. With proper forensic analysis, metadata can help highlight patterns, establish timelines, and point to gaps in the data. Most importantly, metadata can connect data to a particular user, opening the door to proving knowledge and intent.

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