Indian Kanoon - Search engine for Indian Law

[B.A.7311,7508 & 7551/08] 2

3. But, when Sr. Abhaya went to the kitchen, she allegedly saw the two priests and the nun (A1 to A3) in a compromising position. Fearing exposure, first accused allegedly strangulated her by her neck, third accused (nun) beat her with an axe, and all the three took her by force and dumped her in the well in a conscious state and she died due to drowning. (as this part of the alleged assault was not quite clear from the case diary and even from the narco analysis report, I specifically ascertained those details from the prosecution, while learned Standing Counsel, on consultation with the investigating officer, narrated the above facts).

54. Narco Analysis Report and CD: Learned Standing Counsel for CBI argued that Narco Analysis Report is admissible in evidence under Section 21 of the Evidence Act. He placed reliance upon the decision reported in Chandran v. State of Kerala (1987(1) KLT 391), wherein it is held that an admission made to a doctor is admissible in evidence. It was strongly argued that the materials in the CDs themselves reveal guilt of the accused. I am not going into the question whether report on Narco Analysis is admissible or not , since it is unnecessary for disposal of the bail applications at hand. I have very closely watched the four compact discs made available to me which contain the videograph of the Narco Analysis of the three accused. Three independent CDs each of which contained the analysis of the petitioners and another single CD which contained three files each relating to the three petitioners were produced for perusal. Those are stated to be prepared by Dr.Malini, NIMHANS, Bangalore.

56. The editing is clearly visible to the naked eye and to find out the evident editing even an expert may not be necessary. I could not find even a single CD which is unedited. I am not prepared to place any reliance upon the contents of the CDs on Narco Analysis or the reports submitted by Dr.Malini, for the reasons stated above. I have no doubt that if reliance is placed on the CDs made available to this court, the court and the investigator will go wrong in making conclusions. I am making these observations because the court is entitled to monitor investigation, as held in Sakiri Vasu V State of Utter Pradesh and others (2008)2 SCC 409). Therefore, it is necessary that the investigator takes all steps necessary to retrieve the unedited original video containing Narco Analysis of all the accused, before he proceeds any further to act upon those CDs. I have no doubt that the edited and manipulated CDs and report on Narco Analysis by Dr.Malini may mislead the investigation.

  [B.A.7311,7508 & 7551/08]        44

        83. Sri. Venugopalan Nair       is another star witness.

According to prosecution,       he is the person to whom first

accused made an extra-judicial confession.            As per the

statement given by him, he was a driver and now a human right activist and a public interest litigant. He was questioned for the first time by the present investigating officer after the incident. According to prosecution, he was interested in knowing details of Narco Analysis and he came to know that first accused had undergone that test. Therefore, he made enquiries and procured his telephone number and contacted him over phone. The first accused agreed that he could meet him in the Bishop's house. Accordingly, he went there and talked to him while the first accused pleaded with him to somehow get an order from the High Court by filing some case that Narco Analysis test is totally untrustworthy scientific examination.