Surat: Additional session letter Judge Rajdipsinh Devdhara allows requests for investigative officers to test the sound spectrograph from the murder accused.
Like, Mehul Lakhani (47), an ambulance driver, was arrested on June 20 last year for the murder of his 26-year-old daughter-in-law.
Lakhani allegedly killed him after he divorced from his son.
Police Udhna moved this application in court to get custody of the sound spectrograph test.
The police wanted to verify the recovered voice from the defendant’s cellphone where he reportedly spoke of murder after committing a crime.
Citing the Supreme Court’s assessment, the court observed that the argument advanced on behalf of the defendant that there would be fundamental violations based on article 20 (3) could not be maintained when the violation of the defendant was related to the nation’s youth and looking for public interest, fundamental rights such as privacy could not be interpreted as Absolute.
“It was also held that the court had the power to order someone to provide a sample of his voice for the purpose of a crime investigation,” the court order.
On behalf of Mehul Lakhani, which was accused of (Khoja), Advocate P T Rana believes that the defendant cannot be forced to provide evidence of himself and there is no special legal provision contained in any action for that purpose.
Furthermore, Rana believes that Article 20 (3) the Indian Constitution also prohibits such investigations when influencing the privacy of the defendant.