Knowledgeable reviews should be backed up with displays from different witnesses – Delhi Excessive Courtroom
The Delhi Supreme Court ruled that the reports of the Central Forensic Science Laboratory experts are permissible under Section 293 of the CrPC even without the expert’s examination.
Such evidence can only be resorted to if it was issued by a different witness and not otherwise.
The problem outside the bank was that the defendant was accused of firing bullets at police officers during an encounter punishable under sections 186, 353 and 307 of the Indian Criminal Code and sections 25 and 27 of the Guns Act 1959.
The petitioner was accused of having an illegal gun and ammunition business and opened fire after being ambushed by police.
Although the encounter took place in a public area, no independent witnesses were recorded and the chief examination of all police officers appears identical and rehearsed.
The court found that the bullets allegedly identified in the CSFL reports were not exhibited during the trial.
The report stated that the bullets were recovered from the bulletproof jackets and that the bullets were fired from the gun that had been recovered from the defendant’s possession.
According to Section 293 of the Code of Criminal Procedure, reports or analyzes submitted to the government by a scientific expert will be used as evidence in the course of the proceedings.
Even if the evidence presented by the police officers is admissible, it is not substantial enough to rule the matter in that favor and the court overturned the petitioner’s conviction on the principle of innocent to proven guilty.