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Fakir Mahomed Ramzan Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtMumbai
Decided On
Judge
Reported inAIR1936Bom151; 162Ind.Cas.231
AppellantFakir Mahomed Ramzan
RespondentEmperor
Excerpt:
evidence - expert evidence--finger-print expert--corroboration of evidence, if should be insisted on--value of expert's evidence. - section 3: [s.b. mhase, d.s. bhosale & a.s. oka, jj] offences of atrocities - complaint under held, merely because the caste of the accused is not mentioned in the fir stating whether he belongs to scheduled caste or scheduled tribe, it cannot be a ground for quashing the complaint. after ascertaining the facts during he course of investigation it is always open to the investigating officer to record tht the accused either belongs to or does not belongs to schedule caste or scheduled tribe. after final opinion is formed, it is open to the court to either accept the same or take cognizance. even if the charge sheet is filed at the time of consideration of..........the fingerprint bureau expert, who took the impressions of certain fingerprints. he found a right thumb impression on a glass jar, and the imprint of a right index finger on a box of jewellery. there was also on a glass door of the cupboard an impression of the palm of a hand, but that has not been identified. a photograph was subsequently taken of the thumb impression on the glass jar and of the impression of the right index finger on the jewellery box, and those photographs are exs. b and c, which have been enlarged--the enlargements are ex. f-1-a and f-2-a. on february 25, a room in bazar gate street was also burgled. the police were fetched, and as in the previous case, they brought the fingerprint expert, who found certain impressions. he found a left-thumb impression, which is ex......
Judgment:

Beaumont, C.J.

1. This is an appeal by the accused against his conviction on two charges under Sections 454 and 380, Indian Penal Code. On February 13, 1935, a theft was committed at a house in Dadyseth Agiary Lane. The Police were called to the house, and they found the complainant, a woman named Kasturbai, there. She was asked to sleep somewhere else during the ensuing night, and the Police then locked up the room in which the theft had taken place, and the next day they attended with the fingerprint bureau expert, who took the impressions of certain fingerprints. He found a right thumb impression on a glass jar, and the imprint of a right index finger on a box of jewellery. There was also on a glass door of the cupboard an impression of the palm of a hand, but that has not been identified. A photograph was subsequently taken of the thumb impression on the glass jar and of the impression of the right index finger on the jewellery box, and those photographs are Exs. B and C, which have been enlarged--the enlargements are Ex. F-1-A and F-2-A. On February 25, a room in Bazar Gate Street was also burgled. The Police were fetched, and as in the previous case, they brought the fingerprint expert, who found certain impressions. He found a left-thumb impression, which is Ex. D, on the glass of a cupboard door, and a palm impression on a drawer. On the evidence, and apart from that of the fingerprint expert, it would have been possible for persons who had been in the room after the theft to have left these impressions. As the procedure under the two offences appeared to be similar, a search was made amongst the fingerprint records of the Police, and it was discovered that the impressions taken on these two occasions corresponded with the fingerprints of the present accused, which had been taken by the Police on the occasion of a previous conviction, and accordingly the accused was arrested, and was tried by the Chief Presidency Magistrate, and convicted on both charges.

2. The peculiarity of the case is that there is absolutely no evidence to connect the accused with either of the offences except the evidence of the fingerprints. A witness named Sitaram Baburam Rane was called on behalf of the prosecution, who said that he was a fingerprint expert attached to the fingerprint bureau, and had been there for 12 years. He then descibed to the Court how he took the photographs of the impressions to which I have referred and which were found on the scene of these two offences, and then he produced fingerprints of the accused which had been taken on the occasion of the accused's previous conviction, and also fresh fingerprints which were taken after the accused was arrested on this occasion, the latter being Ex. L, and the former. Ex. K. The witness then said that there were eighteen identical ridge characteristics in nature and sequence between the left thumb impression taken in the room where the second offence was committed and the impression of the left thumb of the accused taken by the Police after his arrest, and the witness further said that it is impossible to find so many as eighteen characteristics identical in the fingerprints of two persons, that is to say, his' evidence is that having regard to the similarities which he found between the fingerprints found in the place of offence and the fingerprint of the accused, it was impossible that anybody but the accused could have made the fingerprints in the place of the second offence. The witness also stated with reference to the right thumb impression and the impression of the right index finger, taken on the occasion of the first offence, that there were fifteen points of similarity between the right thumb, and seven in respect of the right index finger, and the fingerprints of the accused, and that it must have been the accused who made the marks found on the scene of the first offence. From that evidence it appears that the accused was present in both of these rooms at about the time of the respective offences, from which I think that it follows as a necessary inference that he is the person who committed the offences. It is not suggested that he had an innocent object in being in either of those two rooms.

3. Now it is argued by Mr. Dalal on behalf of the accused that the Court ought not to act on the uncorroborated evidence of fingerprint experts, and in support of that contention he has referred us to a good many cases. He relies particularly on Bazari Hajam v. Emperor 1 Pat. 242 : 68 Ind. Cas. 958 : A.I.R. 1922 Pat. 73 : 23 Cri. I.J. 638 : 3 P L T 526 : (1926) Pat. 46 : 4 U P L R Pat. 1 : 3 P L T 526 and Jassu Ram v. Emperor 4 Lah. 246 : 77 Ind. Cas. 423 : A.I.R. 1923 Lah. 622 : 25 Cri. L J 375 It is, in my opinion, going too far to say that the Court must insist upon corroboration of the evidence of a fingerprint expert. On the other hand the Court must be careful not to delegate its authority to a third party. The Court has to be satisfied that the accused is guilty, and the Court cannot hold him guilty merely because an expert comes forward and says that in his opinion the accused must be guilty. The Court must satisfy itself as to the value of the evidence of the expert in the same way as it must satisfy itself of the value of the other evidence. In the present case I am not sure how far the learned Magistrate himself went into the question of the similarity between the different marks, although he refers to that question having been gone into in cross-examination. But we have examined the photographs in evidence, which give very clear impressions. The finger and thumb marks are not smudged, and I am satisfied that there are a very large number of points of similarity between the thumb and finger impressions found in the rooms where the offences were committed, and in the impressions of the corresponding thumbs and fingers of the accused. The Court, in a case of this sort, has to rely on the expert upon two distinct points, first of all, on the question of similarity between the marks, which is a question of fact on which the Court can, and should, with the assistance of the expert satisfy itself; and secondly, on the point, which is one for expert opinion, whether it is possible to find the fingerprints or thumb impressions of two individuals corresponding in as many points of resemblance as are shown to exist between the impressions found in the case before the Court and those of the accused. In the present case, I think, the witness might have been invited to go rather than he does go. I think he might have been asked to say how much experience he had had in the way of comparison of fingerprints, and how much literature on the subject he had studied. However this science is not a new one, and when the expert tells the Court that it is impossible to find so many characteristics idential in the fingerprints of two persons as are found in this case, and when that statement entirely agrees with what one has read On the subject in scientific books, I do not think the Court need hesitate in accepting the opinion. If the science were a new one, it might have been necessary for the evidence to go rather further. As it is, I think the evidence here is sufficient to satisfy the Court that the accused must have been present in the two rooms where these offences were committed, and as I have said, from that it must follow that he was the offender. I think, therefore, the conviction was right, and the appeal should be dismissed.

Macklin, J.

4. I agree. No particular number of witnesses shall be required for the proof of any fact according to the Evidence Act, and I take it that the evidence of experts is subject to the same principle. It is of course necessary in the case of fingerprint experts as in the case of every other witness, whether expert or not, that the Court should exercise its own judgment upon the evidence and not merely accept the evidence without consideration; and if the evidence of a fingerprint expert is given in such a way that the Court is able to follow it and make up its own mind as to the accuracy of that evidence and as to the accuracy of the opinions, given by the expert, I can see no reason why it should not be open to the Court to convict solely upon the evidence of that witness. Reliance has been placed by the appellant upon Bazari Hajam v. Emperor 1 Pat. 242 : 68 Ind. Cas. 958 : A.I.R. 1922 Pat. 73 : 23 Cri. I. J 638 : 3 P L T 526 : (1926) Pat. 46 : 4 U P L R Pat. 1 : 3 P L T 526 and JassuRam v. Emperor 4 Lah. 246 : 77 Ind. Cas. 423 : A.I.R. 1923 Lah. 622 : 25 Cri. L J 375 But in so far as they decide that a Court ought not to rely upon the evidence of an expert alone, those cases, in my opinion, go further than is necessary; and other authorities, in particular Public Prosecutor v. Virammal A.I.R. 1923 Mad. 178 : 69 Ind. Cas. 374 : 23 Cri. L J 694 : 46 M 715 have been quoted to us by the Crown to show that the opinion given in the two cases relied upon has not been universally followed. I agree that, in the circumstances of the present case, the evidence of the fingerprint expert was such that it was open to the Magistrate to convict on his evidence alone having made up his mind judicially that that evidence was reliable. I agree, therefore, that the appeal must be dismissed in each case.


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