Criminal Lawyer: The SC holds that the accused can be identified by the witness from the voice - heard during fateful day.

Supreme Court of India

Justice Navin Sinha and Justice Ashok Bhushan

The SC {Sanjay Rajak versus State of Bihar} dismisses an appeal of the accused for conviction under Section 364A IPC, for which the accused was awarded the life imprisonment.

It was held by the SC that every individual has a distinctive style of speaking, which makes identification by those acquainted possible. Identification of unknown person by voice in the darkness has been well recognised in criminal jurisprudence. Even if a person tries to camouflage his voice in one call, given the limitations of human nature there will be a tendency to state certain words or sentence in an inimitable style exposing the Identity.

It was further held that the failure of the police to recover the dead body will not render the prosecution case doubtful in every case, entitling the accused to acquittal. Finding no merit in the appeal, the same was dismissed, upholding the sentence and conviction.