application for an
order directing the accused to permit recording of his voice for voice
sample test. Counsel submitted that a Magistrate has no inherent ... such a hair sample can be taken.
That is not so with voice sample.
28. The purpose of taking voice sample which is non-testimonial
direct the respondent to give his voice sample for the
purpose of comparison of his voice with the recorded
conversation, provided by Dr Chandak ... wide enough to include voice
sample and hence a Magistrate is competent to
order a person to give his voice sample. The
relevant passage
station Fatehgarh requesting them for getting the voice sample of the accused and tested with the voice recorded in audio ... Code for directing the accused to give his voice sample for being tested with the voice recorded in the audio
taken to FSL Rohini for his voice sample and after taking
his voice sample, the same was handed over to Insp. Meghraj ... notice
to give his voice sample on 11.11.2010. Another notice dated
12.11.2010 Ex.PW9/A to give voice sample was also given to
accused
sample
voices supplied had words and sentences from the
questioned voices and that he did not demand from the IO
sample voices by asking ... voice sample he claimed that his consent for voice
sample was obtained under pressure. He denied the
transcription of the recording claiming that
give his voice sample, whereas
Akshay Singh and Sapan Gupta have provided their voice
samples at CFSL, CBI. Voice sample of Akshay Singh and
Sapan ... thereafter, he was called for recording of his sample voice
and his sample voice was recorded in the micro SD card
which was taken into
mode of
recording the voice sample of the accused and through which mode the
sample voice was recorded in the pen drive ... voice sample but the point is that the voice
sample of the complainant could not be matched with the questioned audio
recording.
13.2. Also
further
deposed that they had used SONY make recorder for
recording of the sample voice and the purpose of recording
of the sample voice ... mention the
fact that Sony Recorder was used for recording of sample
voice in any of the seizure memos. He further confirmed
that purpose
only refer to handwriting and have no reference to the voice samples or voice recordings. Therefore, the said provisions cannot be pressed into service ... only refer to the handwriting and bears no reference to voice samples or voice recordings. The said provision was introduced only recently and, therefore
lending his voice sample for the purpose of
identification of his voice so as to compare the same with the tape
recorded telephonic conversation ... such a hair sample can be
taken. That is not so with voice sample.
37 The purpose of taking voice sample which is nontestimonial
