Investigating Agency thought fit to subject the writ applicant to a
Voice Spectrography Test, which was opposed by the writ applicant.
3 At the outset ... relating to the right of the Investigating Agency to
conduct the Voice Spectrography Test of an accused and also the right of
the accused
summoned for the purpose of providing his voice sample
for the Voice Spectrography Test. The applicant did provide his voice
sample and the report ... Forensic Science Laboratory as regards the
Voice Spectrography Test has been received just few days back. The
learned A.P.P. further submitted that
carry out further
investigation and obtaining voice sample for carrying
out voice spectrography test, requirement of
respondent No.1 was needed ... personally
remained present and his voice sample for carrying
out voice spectrography test was also taken. He
further submits that the voice spectrography test
Forensic Science Laboratory ('the FSL'
hereinafter) for Voice Spectrography Test on
20.12.2018.
2. The first information report being ... Police Station for giving a voice
sample for the Voice Spectrography Test.
Another letter has been issued on 04.11.2018
by the Police Inspector, Kheda
43533, which is belonging to accused
No.5. So far as Voice Spectrography is concerned,
prosecution has examined P.W.No.29 - Chandrakumar
Mahendrakumar Jain ... Scientific Officer,
C.B.I.. Looking to his deposition, Voice Spectrography Analyst
supports the deposition given
precise,
to take voice sample of the applicant - accused for voice
spectrography. The said application came to be allowed by the
learned Magistrate ... also available. In the
circumstances, with a view to do the voice spectrography, voice
sample of the applicant - accused is necessary, more particularly,
with
victim can be collected and both
can be subjected to a Voice
Spectrography Test. So far as the
C.D., which is in possession ... accordance with law."
13. The investigation thereafter has proceeded and voice
spectrography of the applicant as well as the complainant is
carried
trap
operation were unsuccessful, and the case is based on a voice spectrography
test. Merely the demand being made by the applicant, and the offense ... already done so and provided a
sample for the voice spectrography test. The applicant has no prior criminal
record.Now nothing remains to be recovered
Court at Patna and recording of voice
of the phone caller; getting spectrography done through FSL, which
confirmed the control voice and the taped voice ... doubt.
9.1 We
are not convinced with this submission; inasmuch as spectrography
clearly established beyond reasonable doubt that the frequent caller
recovered or discovered as the charge-sheet
is filed. Only voice spectrography test is to be conducted for which the
applicant has already filed ... past antecedent;
(6) Applicant is ready and willing to appear for voice
spectrography test before the FSL and is ready to file
undertaking in that
