srinivas 60 evidence

8/18/2019 Srinivas 60 Evidence

1/18

RESEARCH PROJECT ON

“Evidentiary Value of Post-mortem ForensiTo!i olo"y#Con eived and Pre$ared

%y

SR&N&VAS' AC

%A()*((+(

Su,mitted to

Prof' iss' .ee$a ani /am0

Fa ulty of Eviden e la10

TNN2S0 Tri 3y

Semester V&


2/18

.EC2ARAT&ON

I Srinivas'AC , hereby declare that this project work entitled Evidentiary Value of

Postmortem Forensic Toxicolo y has been ori inally carried out by me under the uidance and

supervision of iss' .ee$a ani /am0 !ssociate Professor of "aw, Tamil #adu #ational "aw

$chool, Tiruchirappalli % &'( (()* This work has not been submitted either in whole or in part of

any +e ree +iploma in this Institution or any other Institution -niversity*

Place . Tiruchirappalli

+ate . /)%(0%'(/&


3/18

AC4NO52E.6E ENT

Thanks to the !lmi hty who ave me the stren th to accomplish the project with sheer

hard work and honesty* This research venture has been made possible due to the enerous co%

operation of various persons* To list them all is not practicable, even to repay them in words is

beyond the domain of my lexicon*

1ay I observe the protocol to show my deep ratitude to the venerated Faculty%in%char e

1iss* +eepa 1anickam, for his kind esture in allottin me such a wonderful and elucidatin

research topic* !part from that I would like to thank my friends for their support and su estions

durin the process of makin this project*


4/18

TABLE OF CONTENTS

• !2$T3!4T• I#T35+-4TI5#• T6E I#+I!# $4E#!3I5• P3I#4IP"E• !# E7PE3T• E7PE3T 5PI#I5#• 1E+I4!" EVI+E#4E V$ 54-"!3

EVI+E#4E• +3-8$ !#+ #!345TI4$• P5$T%153TE1 3EP53T• EVI+E#TI!39 V!"-E 5F F53E#$I4

$4IE#4E• F53E#$I4 T57I45"589• :I! ;6!# 4!$E• $-#!#+6! P-$6;!3


5/18

A%STRACT

EV&.ENT&AR7 VA28E OF POST- ORTE FORENS&C TO9&CO2O67

Evidence is the heart of all cases which is vital in movin up with the alle ations*

It has various classifications and it differs case to case* 6uman body consists of

complex structures that stimulates the study of forensic sciences in providin an

evidentiary value to all criminal cases especially injuries leadin to death* 1edical

:urisprudence or forensic medicine is said to be not an exact science and it is not possible to state with mathematical precision, for instance, the exact time of the

death or when certain injuries have been inflicted* 6owever, experts in forensic

medicine play a very important role in criminal proceedin s and their evidence is

often relied upon by the courts in arrivin at a certain conclusion* $ection => and

=& ?uestions as to the cause and time of the death, whether a particular dru is

capable of causin the death, etc* !nd that will be affirmed throu h these forensic

evidences which helps in achievin justice* This paper aims to describe and discuss

the evidentiary value of postmortem forensic toxicolo y*

4E7 5OR.S:

1edical :urisprudence, Forensic $ciences, Toxicolo y, Postmortem 3eport, Expert

opinion*


6/18

&NTRO.8CT&ON

@In the middle of /)th century natural science be an to develop by leaps and bounds* The mystic

theories theretofore advanced to explain the scheme of thin s be an to lose round as the clear,

cold lo ic of scientific experiment radually shed a new li ht on the mysteries of universe* The

chan e in point of view from the mystic to the scientific soon became apparent not only in

criminal investi ation but in the different facets of the le al system* #ow there emer ed two

facets of a sin le case* The facet stated and the facet proved from scientific view point* The era

of forensic science had arrived*

!ccordin to one definition, the word @forensicA means the application of scientific knowled e

to le al problems* The term @forensic scienceA refers to a roup of scientific disciplines which

are concerned with the application of their particular scientific area of expertise to law

enforcement, criminal, civil, le al, and judicial 1atters / * Forensic $cience is application of

science or scientific techni?ues to the law and to solve crime* Forensic Experts, Forensic

$cientists, 4rime Investi ators and Examiners applies forensic science techni?ues to solve crime,

examine B authenticate. evidences, suspected documents, fin erprints, di ital files etc*C

The results of forensic related investi ations are often detailed in a forensic report* These reports

are often used for several purposes, includin billin , affidavit of Indian Evidence !ct, which were hi hly

appreciated, accepted and acknowled ed for accuracy and expertise*

Forensics include% the examination of scenes of crime, recovery of evidence, examination of

evidence, interpretation of findin s and presentation of the conclusions or results reached for use

in court justice ' * +urin an investi ation, forensic evidence is collected at a crime scene,analyDed in a laboratory and often presented in court* Each crime scene is uni?ue, and each case

1 Forensic Science in Criminal Investigation & Trials, B. R. Sharma, Fourth Edition, UniversalLaw u!lications

2 Forensic Science in Criminal Investigation, "r. #ai Shan$er Singh, Uni%ue Law u!lications.


7/18

presents its own challen es* 4omplex cases may re?uire the collection, examination and analysis

of a lar e amount of evidence*

These cases may involve multiple forensic experts with back rounds in biolo y, chemistry,

physics, computer science and other disciplines* These forensic scientists work separately to

analyDe the evidence in a particular case 0*

Forensic science is the use of science in the service of the law* $ciences used in forensics include

any discipline that can aid in the collection, preservation and analysis of evidence such as

• 4hemistry for the identification of explosives ,

• En ineerin for examination of structural desi n

• 2iolo y for +#! identification or matchin *

! forensic scientist is expert in any technical field and can provide an analysis of the evidence,

witness testimony on examination results, technical support and even trainin in his or her

specialiDed area*

!nalysis of forensic evidence is used in the investi ation and prosecution of civil and criminal

proceedin s* 5ften, it can help to establish the uilt or innocence of possible suspects* Forensic

evidence is also used to link crimes that are thou ht to be related to one another*

T3e &ndian S enario

"et us first cultivate the le al aspect of forensic and medical evidence in the India* !s per $ection => of Indian evidence !ct /GH'% hen the 4ourt has to form and opinion upon a point of

forei n law or of science or art, or as to identity of handwritin or fin er impressions, the

opinions upon that point of persons specially skilled in such forei n law, science or art, or in

3 htt '((www.)orensic*medecine.in)o()orensic* atholog+.html


8/18

?uestions as to identity of handwritin or fin er impressions are relevant facts* $uch persons are

called experts*

Further as per $ection =& of Indian evidence !ct /GH'% it is stated that facts, not otherwise

relevant, are relevant if they support or are inconsistent with the opinions of experts, when such

opinions are relevant*

Thus the in redients of section => and section =& are hi hli hts that.

/ The court when necessary will place its faith on skills of persons who have technical

knowled e of the facts concerned*

' The court will rely the bona fide statement of proof iven by the expert concluded on the basis

of scientific techni?ues*0 The evidence considered irrelevant would be iven relevance in eyes of law if they are

consistent with the opinion of experts*

Thus we see that expert evidence helps the courts to draw lo ical conclusions from the facts

presented by experts, which are based on their opinions derived by their specialiDed skills

ac?uired by study and experience* 6ence, experts are routinely involved in the administration of

justice particularly in criminal courts*

6i hli htin the situation in the most commonly sou ht after experts.

T3e edi al E!$erts:

In India, we have adversarial system of justice administration and ordinarily medical evidence is

admitted only when the expert ives an oral evidence under oath in the courts of law expect

under special circumstances like.

a hen evidence has already been admitted in a lower courtJ b Expert opinions expressed in a treatiseJ

c Evidence iven in a previous judicial proceedin J

d Expert cannot be called as witnessJ

e 6ospital records like admission dischar e re ister, birth death certificates etc*


9/18

In, India, it is a common perception that lot of time and effort is re?uired to record evidence and

therefore by enlar e members of the medical profession does not like to involve in medico le al

cases* $ome of the possible reasons put forward for this perception are.

a -ndue time consumptionJ

b 3epeated adjournmentsJ

c "ack of work culture in the courts

6ardly, any scientific data is available to support or refute this perception in relation to medical

evidence* Therefore, it was planned to undertake a pilot study to analyDe the ?uantum of time

and effort put in by medical experts to et the evidence recorded in criminal courts and other

issues related to it =*

Prin i$le:

!ccordin to the $ection => the opinions of persons who have special skill in forei n laws,

science or art, and on handwritin and fin er impressions are relevant* -nder certain

circumstances the evidence of opinions of persons who are called Kexperts


10/18

has devoted time and study to a special branch of learnin , and thus is specially skilled on those

points on which he is asked to state his opinion*A The opinion of such experts is admissible in

evidence as relevant facts by virtue of $ection => of the Evidence !ct* here the si nature on

7erox copies of acknowled ements was disputed it was held that comparison by handwritin

expert is not necessary*

E!$ert o$inion:

$ection => clearly deals with the opinion of persons who are called experts* There are matters

mentioned in the section in which help is re?uired from witnesses havin experiences and skill

and the opinion iven by such witness is expert opinion* The evidence of a doctor conductin

post mortem without producin any authority in support of his opinion is insufficient to rant

conviction to an accused*A 2ut, the opinion of the doctor who actually examined the injured andconducted the post mortem examination must be preferred to the expert opinion of the doctor

who ave his opinion on the basis of the injury report, 7%ray report, and post mortem report* It

was also held that credible ocular testimony was preferable to medical opinion*

The three illustrations appended to this section show the relevancy of the opinion of experts* The

report of an official of the !nti%4orruption 2ureau as to the course of investi ation has been held

to be not that of an expert* here the a e of the rape victim was fixed by the doctor only by

chemical examination and ossification test or other patholo ical tests were not performed it washeld that the assessment of a e so made was on fra ile premises* The medical report determinin

the a e of a person held, is never conclusive in nature >*

!lthou h $ection => makes the opinion of experts relevant the court is not always bound to

accept the expert opinion, because the evidence of an expert is a weak type of evidence and

courts to consider it unsafe to relay on it without independent and reliable corroboration* @Expert

evidence can be used to corroborate other evidence* The expert opinion is only advisory and the

court has to form its own opinion*A Expert opinions, even when proved in accordance with law,at the best constitute material for the court, to arrive at a proper conclusion, the ultimate

discretion to pronounce upon concerned issues rests with the court*

! Expert "itness #ode o$ #onduct% Part 2 , 'ule (# and Part 2 ), 'ule 2 *+"% )ttorneyeneral-s Depart.ent la/lin0% ) aila le $ro. http ///%agd%ns/%go %au dc%ns$ pages

/itcode top %


11/18

E!$ert O$inion v O$inions of Ordinary 5itness:

It is also well settled that opinion of an expert cannot be more reliable than that the statement of

a witness of fact* ! court also may compare the disputed writin with admitted writin under

section H0 of the !ct* 2ut it must be borne in mind that the conclusions based on merecomparison of handwritin , must, at best be indecisive and yield to the positive evidence in the

case* hen there is conflict of opinion between the experts, then the court is competent to form

its own opinion with re ard to si natures on a document* here there is medical evidence and

ocular testimony normally ocular testimony should be preferred unless it belies fundamental

facts*

In certain classes of cases the opinions of ordinary witnesses are not only of helpful but in case

of necessity these are admitted* It is unsafe to base a conviction wholly an expert opinion withoutsubstantial corroboration* The court accepted the evidence of a wife as to the paternity of a ten

mouths< old child, in spite of unanimous opinion of several doctors*

$ubject matters of in?uiry.

.ru"s and Nar oti s:

4ontraband was seiDed under the #arcotic +ru s and Psychotropic $ubstances !ct, /)G>* The

analyst in his chief examination stated that the contraband was @charas*A It was held that the

probative value of his evidence could not be destroyed merely because in cross%examination he

could not answer whether the contraband contained cow dun also &*

Post mortem re$ort:

! post mortem report is no evidence* $ufficient wei hta e should be iven to the evidence of the

doctor who has conducted the post mortem, as compared to the statements found in the text%

books, but ivin wei hta e does not ipso facto mean that each and every statement made by a

medical witness should be accepted on its face%value even when it is self%contradictory H*

edi al eviden e v' O ular eviden e:

5 Law Relating to arcotic "rugs and s+chotro ic Su!stances in India, R. . -ataria, SecondEdition, rient u!lications

6 htt '((www.)orensic*medecine.in)o()orensic* atholog+.html


12/18

+eath was caused by un shoot injury* 5cular evidence was that the firin took place from a lon

ran e, where medical evidence had shown from close ran e* !ccordin to court the tattooin or

charrin of wound depend upon the constituents of propellant char e and the nature of un have

role to play G* 6ence, plea as to conflict in ocular and medical evidence re ardin distance of

firin is not tenable*

Evidentiary value:

!s the expert opinion is a weak type of evidence it is usually considered to be of li ht value* The

evidence of expert is not conclusive* The opinion of the expert is not bindin upon a jud e and

that is why the court can refuse to rely on the evidence of an expert if it is not supported by

circumstantial evidences*

The $upreme 4ourt once observed that there is natural tendency on the part of expert witness to

support the view of the party who called him could not be down raded* 1any so%called expert

have been shown to be remunerated witnesses makin themselves available to hire to pled e

their oath in favor of party payin them*

#o opinion of an expert is admissible unless he has been examined as witness* The adverse party

has a ri ht and opportunity of cross%examinin the expert* 2efore expert testimony can be

admitted, @two thin s must be proved, viD*.

i The subject is such that expert testimony is necessaryJ

ii That the witness in ?uestion is really an expert*A

@It is the duty of the jud e to decide whether the skill of any person in the matter on which

evidence of his opinion is offered, is sufficient to entitle him to be considered as an expert*

4redibility and competence of an expert are material ?uestion*A The evidence of an expert is only

an opinion* It is not the province of the expert to act as a jud e or jury* ithout examinin the

expert as a witness in the court no reliance can be placed on his opinion ) *

Cri L # /00/ 112*1/1

( t. armanand -atara v. Union o) India. 3IR. SC, 14245 /064*/078


13/18

2efore venturin in the fascinatin and intri uin world of 1edical $cience and let us try to seek

the link between evidence and forensic science*

Forensi To!i olo"y

Forensic toxicolo y is the use of toxicolo y and other disciplines such as analytical chemistry, pharmacolo y and clinical chemistry to aid medical or le al investi ation of death, poisonin ,

and dru use* The primary concern for forensic toxicolo y is not the le al outcome of the

toxicolo ical investi ation, but rather the technolo y and techni?ues for obtainin and

interpretin the results* ! toxicolo ical analysis can be done to various kinds of samples* The

first comprehensive work on forensic toxicolo y was published in /G/0 by 1athieu 5rifila* 6e

was a respected $panish chemist and the physician who is often iven the distinction of Lfather

of toxicolo y*L 6is work emphasiDed the need for ade?uate proof of identification and the need

for ?uality assurance* It also reco niDed the application of forensic toxicolo y in pharmaceutical,

clinical, industrial and environmental fields* $ome of the samples used in Forensic Patholo y are

-rine, 2lood, 6air sample, 5ral fluid and other bodily fluid /( *

Why and when is forensic toxicology used?

In post%mortem investi ations, suspected dru s overdoses are clear situations where toxicolo y is

re?uired to establish if an excessive intake of the dru occurred and, if so, whether this

contributed to death* 4onversely, toxicolo y can eliminate the possibility of a dru overdose if concentrations are not capable of causin death, iven all other factors* This means that

toxicolo y testin can produce a positive result even in cases where dru use is not mentioned in

the police circumstances* This is not surprisin iven the wide availability of potentially toxic

substances, both le al and ille al* In addition, concentrations of substance chan e after death

makin any interpretation difficult, no matter the concentration*

In 1any cases, poisons may be detected by the toxicolo y laboratory but are not necessarily a

cause of death, rather their presence may be relevant in the circumstances of death* For example,alcohol and impairin dru s are found in about half of all drivers killed in motor vehicle crashes

in !ustralia, nearly one%% 7third 0/M of all traffic%%7related deaths in the -nited $tates and in a

si nificant proportion of other accidental deaths* !lcohol and or dru s are also found in a

18 -S Redd+. 9The Essentials o) Forensic :edicine and To;icolog+.


14/18


15/18

3e ardin their expertise* Each court can accept any person as an expert, and there have been

instances where individuals who lack proper trainin and back round have been declared

experts* hen necessary, the opponent can ?uestion potential witnesses in an attempt to show

that they do not have applicable expertise and are not ?ualified to testify on the topic* The

admissibility decision is left to the jud e*

Jia /3an ase

1umbai 1irror reported that the results raised a stron suspicion that her death mi ht be a

murder* :iahOs mother, 3abia always maintained that her dau hter hadnOt committed suicide* $he

has now asked for her body be exhumed and re%examined* +r 3; $harma, former head of

+epartment of Forensic 1edicine and Toxicolo y, !II1$, said that there mi ht be a Lstron possibilityL of :iah death bein La homicidal han in *L 6e blames 4F$" for not investi atin

properly and destroyin the sample which should have been sent for +#! testin *

3eferrin to the 0(( ml of alcohol that was found in :iahOs stomach, +r $harmaOs report said that

Lif that amount of alcohol was found in her body, then she was clearly incapacitated and it is

possible for an able%bodied person to han an incapacitated person*L

Sunand3a Pus3/ar;s ase

The controversy over the death of $unanda Pushkar, wife of 4on ress 1P $hashi Tharoor, took a

new turn with the leak of her latest post mortem report submitted to !II1$, that stated the cause

of death as Lpoisonin L* The +elhi police have been asked to Ore%examineO the case, followin the

latest revelation* The findin could now pave the way for the +elhi Police to re ister a First

Information 3eport FI3 a ainst unknown persons and take up the investi ation a ain* 6owever

+elhi Police spokesperson 3ajan 2ha at told I!#$ that Lunder section /H= of the 4riminal

Procedure 4ode, the in?uest proceedin in the $undanda Pushkar case is still pendin and we

didnOt add anythin to it*L The came around ten days after the post mortem report of the 4entral

Forensic $cience "aboratory 4F$" was submitted to the +elhi Police by the !ll India Institute

of 1edical $ciences !II1$ *


16/18

It states that the traces of the dru alprax, which was found in her body, was not enou h of a

lethal dose to kill her* LIt also states that $unanda was not sufferin from "upus a chronic

inflammatory disease that occurs when the bodyOs immune system attacks tissues and or ans as

claimed by her husband $hashi TharoorL, the #ew Indian Express reported, addin that LThe

report demolished several previous findin s that claimed $unanda was not sufferin from any

ailments and that she was healthy and had no disease of heart, kidney, liver or lun *L

The leaked report said that the !II1$ medical board Lhad thorou hly pursued the various

documents that were submitted to them by the investi atin officers alon with the post mortem

report and histopatholo y report of viscera after which it was concluded the cause of PushkarOs

death was poisonin L* Viscera are positive for ethyl alcohol, caffeine, acetaminophen and

cotinine*

The document also revealed that the medical report reserved comment on the specific poison or

chemical responsible since there were a lot of limitations on the viscera report* 6owever a

6industan Times report notes that Lsenior officers privy to the Linformal communicationA said

both reports were OinconclusiveO, OmuddledO and Obased on conjectureO and that they were yet to

take a call on their course of action* The !II1$ report just reiterated the results forwarded to us

by F$"* !ll it said was that Pushkar could not have died of an !lprax overdose* !t the same

time, both communications failed to specify the nature of poison that they claimed led to her

death* LThe duration of injuries have been opined already* 6owever, the reason of these physical

injuries, circumstantial evidences and statements have not been submitted by the investi ative

officer,L the report states* Pushkar, >', was found dead in her room at a five%star hotel in south

+elhi on /H :anuary*

Con lusion

There is a unanimity that medical and forensic evidence plays a crucial role in helpin the courts

of law to arrive at lo ical conclusions* Therefore, the expert medical professionals should be

encoura ed to undertake medico le al work and simultaneously the atmosphere in courts should

be con enial to the medical witness* This attains utmost importance lookin at the outcome of


17/18

the case, since if ood experts avoid court attendance, less objective professional will fill the ap,

ultimately affectin the justice* The need to involve more and more professionals in expert

testimony has been felt by different or aniDations* A


18/18

%&%2&O6RAPH7

/* ;$# 3eddy* @The Essentials of Forensic 1edicine and Toxicolo yA*'0rd ed* '((= *

'* VV Pillay, @Textbook of Forensic 1edicine and Toxicolo yA* /=th ed* 6yderabad. Paras

Publishin *0* "aw 3elatin to #arcotic +ru s and Psychotropic $ubstances in India, 3* P* ;ataria,

$econd Edition, 5rient Publications

=* Forensic $cience in 4riminal Investi ation B Trials, 2* 3* $harma, Fourth Edition,

-niversal "aw Publications

>* Forensic $cience in 4riminal Investi ation, +r* :ai $hanker $in h, -ni?ue "aw

Publications*&* http. www*forensic%medecine*info forensic%patholo y*html

6% http. www*indianexpress crimescene indiancourtreport sunandhapushkar%(0'/0/

srinivas 60 evidence

Documents