Is Fingerprint a valid Proof?

JUDGEMENT ON FINGERPRINT METHOD: Hari Om @ Hero v. State of Uttar Pradesh 2021 SCC On-line SC 2

 


TYPE: CRIMINAL APPEAL NO. 1256 OF 2017
CORAM: UDAY UMESH LALIT, INDU MALHOTRA AND KRISHNA MURARI JJ.
AUTHOR: UDAY UMESH LALIT, J.
DECIDED ON: JANUARY 05, 2021

FACTS: Six people were accused in the case and six of them were found guilty of dacoity and the murder of four people. Three of the condemned individuals were exonerated by the High Court, while the sentences handed down to the remaining defendants—life in prison for Sanjay @ Sonu and Saurabh @ Sanju and the death penalty for Hari Om—were upheld. The fingerprint analysis that matched the latent prints on the items in the deceased's home with exemplar prints of the appellants led to Sanjay and Saurabh's convictions.

FINDINGS: The Supreme Court ruled that the procedure used to remove latent prints from the objects discovered in the deceased's home was not described in the fingerprint report, thereby rejecting the fingerprint evidence. Additionally, the method used to photograph the latent prints that were transmitted to the Director of the Fingerprint Bureau in Lucknow for review was not documented, and it is unknown if the method was reliable. The Court further remarked that the record does not indicate whether the items from which the latent prints were removed were available for analysis by the Fingerprint Bureau after citing the protocol from the Karnataka Police Manual.

The Supreme Court further questioned the training and experience of the particular Constable who had removed the disputed latent prints. The Court came to the conclusion that the Fingerprint Bureau's report was untrustworthy as a result. Despite the admission of the fingerprint evidence, there was no solid proof connecting the appellants to the crime. The Supreme Court cleared the three Appellants in light of this.


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