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13. On 14th November, 1990 the Investigating Officer took Prakash’s fingerprints and sent them to the fingerprint bureau for comparison. On 9th January, 1991 the fingerprint expert, Nanaiah received the fingerprints and he gave a certificate on 11th January, 1991 to the effect that the fingerprint sent to him matched with the chance prints found on the plastic cover [Exh. P-18] found at the place of occurrence. Later, an enlarged photoprint of the chance fingerprint Exh. P-18 was made as Exh. P-19 and an enlarged photoprint of the fingerprint of Prakash obtained by the Investigating Officer on 14th November, 1990 was made being Exh. P-20. On 18th March, 1991 Nanaiah marked several identical characteristics on both enlarged photographs and gave an opinion [Exh. P-21(a)] that two fingerprints “shall never be identical unless they are derived from the same finger of the same person.”

39. The witnesses relevant for the purposes of the fingerprint evidence as a relevant circumstance are Ramachandra (the photographer) and Nanaiah (the fingerprint expert).

40. Ramachandra stated that he had taken a photograph of the bank pass book belonging to Gangamma. He also produced in court the negative of a photograph taken by him [marked as MO-13(a)] of Prakash’s fingerprint on the pass book. No positive print or photograph was developed from the negative. In his cross examination, Ramachandra could not say if the fingerprint in the negative was that appearing on the pass book.[18] In other words, there was nothing in MO-13(a) to relate it to the pass book. The testimony of Ramachandra with regard to the fingerprints of Prakash on the bank pass book is, therefore, inconsequential.

43. The High Court took into account only the latter part of the answer given by Prakash, namely, that he held a cover. From this, the High Court concluded that “The fact that the fingerprint of the accused was found on Ex. P-18 (sic Ex. P-20) is accepted by the accused himself.” In doing so, the High Court ignored the first part of Prakash’s statement that this happened on 7th November, 1990. If any credibility is to be given to Exh.P- 20 then it must be held that Prakash was arrested on 7th November, 1990 but that is not the case of the prosecution. We have, therefore, to proceed on the basis that Prakash was in fact apprehended and arrested on 11th November, 1990 and proceeding on that basis, there cannot be any question of his being given a cover to hold by the Investigating Officer on 7th November, 1990 for the purpose of obtaining his fingerprint. The ultimate conclusion is that there is absolutely no evidence on record to show how Exh. P-20 which is said to be the admitted fingerprint of Prakash came into existence. In the absence of any admitted fingerprint, there is nothing to show that the handprint or the fingerprints on Exh. P-18 was that of Prakash.

47. The Karnataka High Court has taken the view[23] that it is not incumbent upon a police officer to take the assistance of a Magistrate to obtain the fingerprints of an accused and that the provisions of the Identification of Prisoners Act are not mandatory in this regard. However, the issue is not one of the provisions being mandatory or not – the issue is whether the manner of taking fingerprints is suspicious or not. In this case, we do not know if Prakash’s fingerprint was taken on 7th November, 1990 as alleged by him or later as contended by the Investigating Officer, or the circumstances in which it was taken or even the manner in which it was taken. It is to obviate any such suspicion that this Court has held it to be eminently desirable that fingerprints are taken before or under the order of a Magistrate. As far as this case is concerned, the entire exercise of Prakash’s fingerprint identification is shrouded in mystery and we cannot give any credence to it.