Sunday, April 09, 2006

forensic science for all

Scientific investigation and public cooperation

Whether it is general information or matters pertaining to a crime Public need to be vigilant over things happening near or around them. Public awareness has forced the pace of investigation and indictment of criminals in the recent past.

Even before commission of crime it can be identified and reported promptly about the unlawful activity and persons involved.

The public should understand the community policing concept like maitri groups and others.

Domestic and family crimes including dowry deaths, eve teasing, incest will surface out only when prompt reporting is done by the good Samaritans in the neighbourhood.

Crimes like benami chit funds, prized money schemes, circulation schemes, and piracy in audio and video media can only be nipped in the bud by a vigilant community.

Public cooperation is also required after the commission of the crime in clearing the public during traffic accidents, calling for the ambulance, arranging for first aid to the victim, shifting the injured to the hospital, providing resuscitation, splints to the needy.

In case of bodily offences, early reporting of the crime, leading the police to the crime scene and helping them in reconstruction of the events prior to the commission of the crime as well as soon after the crime is known are the areas where public can be of help.

Like wise in property offences a great deal of public cooperation is required in identifying the doubtful and shadowy characters and rounding up the rowdy sheeters roaming in the vicinity of the crime scheme. Their movement can also be identified by identifying the vehicle used by them in commission of the crime.

Public knows about the existence of forensic science laboratory but is ignorant about the viral aspects of crime scene management i.e. how to protect, what to look for, what to collect, what not to touch, whom to call, etc. This is an area for NGOs to educate the public.

It is only on account of the vigilant public and their cooperation cases hitherto almost closed whose fate was already sealed came to limelight. Immense uproar followed, hundreds and thousands of people emailed and SMS-ed their outrage on petitions, forwarded by media channels and newspapers to the president and others seeking remedies for blatant miscarriage of justice.

A poll conducted by newspaper Hindustan Times showed that on a scale of 1 to 10 the public faith in law enforcement in India was about 2.7.

Jessica lall case:

Bowing to the public pressure the Delhi police today moved to the high court in Jessica lall murder case. The verdict of acquittal of all the nine people in this case by lower court judge triggered universal outrage with civil society groups staging protest and media giving prominent coverage to the demands that the guilty be brought to book. The outpouring of anguish is natural and understandable. Out pour of disgust and shock over the acquittal of all accused and sympathy for the victim’s family was unprecedented. It was also mentioned in the parliament and culminated in amendment of the CRPC provisions.

The public outcry has forced a reinvestigation. The judgement generated an unprecedented probably unexpected response across the country forcing the police to belatedly announce that they would appeal against the verdict of the trial court. We are living in an era of increasing public awareness and consciousness causing concern to increasing sections of the society. It was time for dirty linen to the washed in public, renewed calls for comprehensive law on witness protection was made. Nationwide outrage over the perversion of justice forced a reinvestigation, exposes sordid new facts. NDTV journalists led by channel’s chief editor Prannoy Roy, who submitted petition to the President, from over two lakh of its viewers requesting a retrial in the sensational murder case. Students are signing petitioners, commoners were sending SMS, media houses are petitioning the president, media is helping to galvanize t he public opinion and get cooperation. But it is less of a moral outrage and more of an anxiety over the law of jungle prevailing in the country. Youngsters in chandigarh are running a campaign asking people to stay away from Sharma‘s resorts and pubs. The bollywood is being asked to boycott munshi who is readying for his big screen debut.

Srilakshmi case:

The role of students in unearthing certain facts of the crime was seen in case of Srilakshmi and resulted in immediate arrest of manohar who killed her in the open class before hundreds of fellow students.

Priyadarshini Mattoo case:

In another case of Priyadarshini Mattoo, of 1996, in which the son of joint commissioner of police is an accused which is pending trial even on date before high court. The case was again brought in to focus based on the miscarriage of justice in case of Jessica lall. Justice delayed is justice denied. Priyadarshini mattoo a student of law was found strangled in her uncle’s south Delhi apartment with 18 stab wounds. Santosh Kumar Singh, son of joint commissioner of police was stalking the girl and wanted to marry her. Singh was acquitted by the trial court and the case is still pending with the high court due to public outcry.

Nitish katara case:

Feb 16, 2002, nitish, an institute of management and technology Ghaziabad student was murdered under mysterious circumstances. He was allegedly in love with his class mate bharati. Her brother vikas is the prime accused. They are the children of DP YADAV former MP and strong man of UP. The boy was abducted from a wedding near Delhi, by Vikas yadav and his accomplices. Three days later his mutilated body was found. The case hangs fire as practically all witnesses turned hostile and the main witness, vikas sister and nitish girl friend was packed off to London. Efforts to bring her back to give testimony have failed. The case is under trial. The case came to lime light on account the same accused being involved in Jessica lall case also.

Salman khan hit and run case:

Sept 28, 2002.

One person was killed and four others injured when salman khan rammed his car into a bakery in Bandra Mumbai. The actor was allegedly drunk. The trial resumed in a local court on February 2006.

BMW hit and run case:

Jan 10, 1999:

A speeding BMW mowed down seven people including two police men. Sanjiv nanda grandson of former Navy chief admiral SM NANDA is the prime accused. The lone survivor was critically injured and tuned hostile as a witness. ‘It was a truck that killed‘he said. Case is still under trial. It is also gaining momentum on account of outcry in Jessica lall case.

Best bakery carnage case of Gujarat:

One of the two riot related cases to be transferred to Maharashtra for retrial, the prosecution managed to get conviction for 9 of the 17 accused. The witness was also sentenced for perjury for one year cum fine due to flip flop in her statements during the trial of the case allegedly due to pressure from police and high and mighty people involved in the riots. It has also raised the need for witness protection program in India. Teesta setalvad, of NGO citizens for justice and peace were providing sheikh protection and support during the entire period.

In the words of Antara Dev Sen in The Week “if the administration and justice system failed the victims of these gruesome murders, we have too. All of us who continue to allow the alleged killers and their accomplices to lead an unblemished lives in society who interact with them, give them business, invite them to parties, smile and chat with them the way we never would with convicted killers of lower rungs of society—all of us are accomplices in the failure of justice. And the tax payer’s money is used to set killers free so that they can kill again. Vikas could not have been an accomplice in Jessica murder if he had been behind bars for nitish murder. We share the blame. Public outcry has forced punishment in best bakery case and has brought Jessica lall case to retrial. We have to push for more like a proper witness protection program and bringing errant cops, politicians and mighty people to justice�.

Other cases:

Naina Sahni was murdered on July 2, 1995 with charge sheet being filed on July 27, 1995 which listed 88 witnesses. The prime accused Sushil Sharma currently in tihar jail was sentenced to death by lower court in 2004 and he has appealed against the verdict to high court.

Shivani Bhatnagar murdered on Jan 3, 1999 charge sheet being filed on Oct 25, 1999 which listed 240 witnesses. The prime accused RK. Sharma was granted bail in the case even after 193 witnesses recorded their testimonies.

Kunjum Budhiraja murdered on March 20, 1999 charge sheet being filed on June 16, 1999 which listed 44 witnesses. The prime accused Romesh Sharma and others are under trial for murder of his girl friend with over three witnesses turning hostile.

Meher bhargava case in UP:

Similar to Jessica lall case has come into media attention on march 22-25, 2006 NDTV which was being championed by her husband lav bhargava and his brother kush bhargava with all the support from women’s organizations to being the powerful killers to book.

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