Trial proceedings
phantom walker
(Querist) 13 September 2014
This query is : Resolved
Sir, in a case under the PC Act, where Trial has been in progress for 3-4 years. At this stage prosecution has moved an application to take a voice sample of the complainant, who had turned hostile during his examination. The court had remarked that the sample should have been taken during investigation. Now complainant has given his consent to giving his voice sample. Can the trial court order recording sample voice at this stage ? Does the law permit this procedure. What would be its evidentiary value.I tried to read the best bakery case judgement, but nothing is clear yet.
P. Venu
(Expert) 14 September 2014
How does the taking of voice sample cause prejudice to the accused?
phantom walker
(Querist) 14 September 2014
Thank you sir. During examination complainant has stated that voice attributed to him is not his. Sample of his voice was not taken during investigation.Now, prosecution wants to obtain voice sample of accused, to cover up its lapse. This will overly delay the trial. Moreover, this may not open more doors for prosecution to bring in fresh evidence.
Anirudh
(Expert) 14 September 2014
You object before the trial court to the voice sample being taken belatedly.
In case the outcome goes against you, you can take up this point in the Appeal.
ajay sethi
(Expert) 14 September 2014
agree with MR ANirudh
phantom walker
(Querist) 14 September 2014
Sir, what are the odds that the trial court will allow the application for belated recording of voice sample of hostile complainant ? Was just trying to form a realistic opinion in this matter.
T. Kalaiselvan, Advocate
(Expert) 20 September 2014
The best bakery case will not apply to your case and it is irrelevant. The best to avoid this is to file a strong objection in the form of counter and take up a revision if the court still allows the prosecution application for voice test.
phantom walker
(Querist) 20 September 2014
thank you sir very much
will try and draft a proper reply accordingly
