LI Network
Published on: February 6, 2024 at 10:15 IST
In a recent ruling, the Orissa High Court underscored that relying solely on evidence from ‘microscopic hair comparison’ is insufficient to secure a murder conviction against an accused individual.
Expressing skepticism about the definitive nature of such scientific evidence, a Division Bench comprising Justice Sangam Kumar Sahoo and Justice Sanjay Kumar Mishra remarked that although Modi’s “A Textbook of Medical Jurisprudence and Toxicology” recognizes microscopic hair comparison as a valid and reliable scientific methodology, it emphasizes the crucial need to convey its limitations both in the written report and testimony.
The case in question involved the death of an individual on June 8, 2003, who was found with two deep cut injuries on the left side of his neck. The appellant was accused of murder based on his alleged threats related to the theft of a motor pump. However, the court noted the suspicion of another co-villager’s involvement due to a family dispute.
The trial Court, considering factors such as a previous enmity, bloodstains on a recovered sword, and hair found on the deceased matching that of the appellant, had convicted the accused. Nevertheless, the High Court critically evaluated these circumstances.
Regarding the first circumstance, the court rejected the prosecution’s assertion of motive, especially given the suspicion of another villager’s involvement. Concerning the second circumstance, the Court deemed the bloodstains inconclusive due to an inability to determine their origin and the lack of blood grouping.
Addressing the third circumstance, the court acknowledged the recovery of hairs from the deceased’s right palm matching those of the appellant. However, the court raised doubts about the evidence’s reliability, emphasizing the absence of proof regarding the sealed condition of the recovered hairs before chemical examination.
Drawing on precedents, including a Calcutta High Court case and a Delhi High Court decision, the Orissa High Court highlighted the inherent limitations of relying solely on microscopic hair comparison for a conviction.
The Court concluded that the appellant’s role in the crime remained doubtful, deeming it hazardous to convict based solely on such evidence.
Consequently, the court set aside the trial Court’s judgment and acquitted the appellant of the murder charge under Section 302 of the IPC.
Case Title: Pata @ Pratap Puri v. State of Odisha