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State of Maharashtra v. Prabhu Barku Gade (1995) For Forensic Psychology

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0% found this document useful (0 votes)
95 views14 pages

State of Maharashtra v. Prabhu Barku Gade (1995) For Forensic Psychology

Uploaded by

S.k. Chouhan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

State of Maharashtra v.

Prabhu Barku Gade (1995) for


forensic psychology

The Rajiv Gandhi Assassination Case (1991)

Rajiv Gandhi, former Prime Minister of India, was


assassinated on May 21, 1991 by a 22 year old suicide bomber
named Kalaivani Rajaratnam (popularly known as Dhanu). A
member of the banned Sri Lankan Tamil separatist rebel
organization Liberation Tigers of Tamil Eelam (LTTE).
The assassination took place during an election rally in
Sriperumbudur, Tamil Nadu, and resulted in the deaths of
Gandhi and approximately 15 more individuals. In total there
were 59 casualties. The Supreme Court of India upheld the
report by SIT which stated that the decision to assassinate
Rajiv Gandhi by the LTTE was perhaps aimed at preventing
him from coming to power again, because of his interview
with Sunday magazine (21–28 August 1990), where he stated
that he would send the IPKF to disarm the LTTE if he
returned to power.

Investigation:
A special investigation team (SIT) was formed by CBI (on 22
May 1991) to investigate the incident, where their task was to
gather evidence, interview witnesses, and track down suspects
involved in the assassination plot.
SIT identified members of the LTTE as being responsible for
the attack.
Over time, 41 individuals were arrested in connection with the
case, with several being identified as key players in the
conspiracy. Among them were individuals who had facilitated
Dhanu's entry into India and those who had provided
logistical support.

Key forensic evidence :


 Photographic Evidence: Photographs from a camera
found at crime scene which belonged to a local
photographer named S. Haribabu, helped to identify the
assassin and her accomplices. Haribabu was hired by
LTTE to document the event which captured crucial
images of Dhanu moments before the explosion.

 Explosive Device Analysis: The explosive used in the


assassination was RDX, packed into a belt worn by
Dhanu. Approximately 10,000 steel balls were
embedded within the RDX to maximize lethality upon
detonation.

 Body Parts and Clothing: Body parts from Dhanu,


including pieces of flesh attached to toggle switches and
wires from her explosive device were recovered from
the crime scene. Strips of denim material were also
found, which were reconstructed to form part of the
vest that contained the explosives.
 DNA Fingerprinting: Forensic experts used samples from
her remains and matched them with DNA patterns
found on her belongings. This method confirmed her
identity as the bomber.
 Witness Testimonies: Survivors described seeing
suspicious individuals in the vicinity before the
explosion, which helped investigators narrow down
potential accomplices.
 Skull-Photo Superimposition Technique: Pakkiriswamy
Chandra Sekharan, a prominent forensic expert, utilized
a skull-photo superimposition technique to identify
Dhanu from her remains. This innovative method
involved matching photographs of her skull with earlier
images of her.
 Scene Reconstruction: Forensic teams conducted
thorough examinations of the blast site, collecting
fragments of explosives and other materials that
contributed to understanding how the assassination was
executed.

Key Changes in Forensic Practices :

 DNA Fingerprinting: This was one of the first cases in


India where DNA fingerprinting was utilized to identify
both victims and the perpetrator, Dhanu. This marked a
shift towards molecular biology techniques in forensic
investigations, enhancing the accuracy and reliability of
evidence collection and analysis.

 Skull-Photo Superimposition Technique: Pakkiriswamy


Chandra Sekharan, pioneered the skull-photo
superimposition technique to identify Dhanu from her
remains. This method involved matching photographs of
the deceased with skull images, which became a
standard practice for identifying dismembered or
severely damaged bodies in subsequent investigations.

 Use of Advanced Explosive Analysis: The investigation


highlighted the need for better understanding and
analysis of explosives used in crimes. Forensic teams
meticulously analysed the RDX explosive device that was
used in the assassination, leading to improved protocols
for handling and examining explosive materials in future
cases.

 Integration of Forensic Science with Investigative


Protocols: The case emphasized the importance of
integrating forensic science into criminal investigations.
The Central Bureau of Investigation (CBI) and other
agencies began to adopt more systematic approaches to
crime scene investigation, ensuring that forensic experts
were involved from the outset.

 Improved Crime Scene Management: The chaotic


nature of the assassination scene prompted law
enforcement agencies to develop better crime scene
management protocols. This included securing scenes
more effectively to preserve evidence and employing
trained forensic teams to conduct thorough
examinations without contamination.

 Interdisciplinary Collaboration: The complexity of the


investigation fostered greater collaboration between
various disciplines within law enforcement, including
forensic scientists, criminal psychologists, and
investigative officers. This interdisciplinary approach has
since become more common in handling complex cases.

 Legal Framework: It highlighted the need for legal


frameworks that could accommodate scientific evidence
more effectively, leading to discussions about reforms in
how forensic evidence is presented in court.

Key judgements in Rajiv Gandhi case:

Initial Convictions:
 In January 1998, a designated TADA (Terrorist and
Disruptive Activities Act) court in Chennai sentenced 26
individuals to death for their involvement in the
assassination. This decision sparked significant
controversy regarding the fairness of the trial, which
was conducted behind closed doors, and concerns
about the use of confessions obtained under duress.
Supreme Court Review:
 On May 11, 1999, the Supreme Court of India upheld
the death sentences for four of the accused: A.G.
Perarivalan, Murugan (V. Sriharan), Santhan, and Nalini
Sriharan. The court confirmed that while these
individuals were part of a conspiracy to assassinate
Gandhi, there was no evidence that they intended to kill
anyone else or that their actions constituted terrorism
under TADA.
Commutation of Sentences:
 Over time, several death sentences were commuted due
to various factors, including delays in deciding mercy
petitions. For instance, in 2000, Nalini's death sentence
was commuted to life imprisonment after a plea for
clemency from Sonia Gandhi, Rajiv Gandhi's widow. In
2014, the Supreme Court commuted the death
sentences of Perarivalan, Murugan, and Santhan to life
imprisonment on similar grounds.

Recent Developments:
o On November 11, 2022, the Supreme Court ordered

the premature release of Nalini Sriharan and five


other convicts who had been serving life sentences.
The court noted their satisfactory conduct during
incarceration and referenced a prior ruling
concerning A.G. Perarivalan's release as a basis for
their decision. This led to significant public debate
regarding justice and accountability in this high-
profile case.

REFERENCES:
Subramanian, T. (2019, December 9). Anatomy of an
investigation. Frontline. https://frontline.thehindu.com/cover-
story/article30160829.ece

Wikipedia contributors. (2024, November 18). Assassination


of Rajiv Gandhi.
Wikipedia. https://en.wikipedia.org/wiki/Assassination_of_Ra
jiv_Gandhi

Sivan, J. (2017, July 12). Forensics doyen helped piece


together Rajiv Gandhi bombing case. The Times of
India. https://timesofindia.indiatimes.com/city/chennai/forensi
cs-doyen-helped-piece-together-rajiv-gandhi-bombing-case/
articleshow/59555430.cms

https://www.studocu.com/in/document/panjab-university/
forensic-science/dna-fingerprinting-assignment/21007937

https://indianexpress.com/article/explained/rajiv-gandhi-
killing-to-delhi-bus-gangrape-how-dna-helped-investigators/

Saju, M. T. (2016, July 9). 25 years on, film talks of “flaws”


in Rajiv death probe. The Times of
India. https://timesofindia.indiatimes.com/city/chennai/25-
years-on-film-talks-of-flaws-in-rajiv-death-probe/
articleshow/53135396.cms

TIMESOFINDIA.COM. (2022, November 11). Rajiv Gandhi


assassination: SC orders premature release of Nalini, 5 other
convicts. The Times of
India. https://timesofindia.indiatimes.com/india/supreme-
court-sets-free-six-convicts-in-rajiv-gandhi-assassination-
case/articleshow/95446731.cms

https://indianexpress.com/article/explained/rajiv-gandhi-
assassination-case-explained-supreme-court-releases-
convicts-8262742/

Editor_4. (2022, December 8). As all convicts in Rajiv


Gandhi assassination case walk free, read why Supreme
Court ordered their release | SCC Times. SCC
Times. https://www.scconline.com/blog/post/2022/11/13/supr
eme-court-directs-premature-release-of-all-convicts-in-rajiv-
gandhi-assassination-case-legal-research-legal-news-updates/

The Nirbhaya Case (2012)


On the night of December 16, 2012, Jyoti Singh (referred to
as Nirbhaya) and her male friend were returning home after
watching a movie. They boarded an off-duty bus in South
Delhi, where they were assaulted by six men, including the
driver. The attackers took turns raping Singh and brutally
assaulted her friend. After the assault, they were thrown out of
the bus on a deserted road, leading to severe injuries for both
victims. She was rushed to Safdarjung Hospital in Delhi for
treatment and, as the public outrage mounted, the government
had her transferred to Mount Elizabeth Hospital, Singapore
eleven days after the assault. Where she died two days later.

Investigation :
A special investigation team (SIT) was formed to investigate
the case, which was led by Pramod Kumar Kushwaha, the
Deputy Commissioner of Delhi Police's Special Cell. A team
of inspectors were mobalized to locate the bus involved in the
crime. They used CCTV footage to track down the vehicle
near the residence of Ram Singh, the bus driver and first
suspect arrested. Mukesh Singh, Ram’s brother was arrested
after Ram Singh confessed about the crime. Akshay Thakur
was captured with assistance from local police in Bihar after
his mobile number was traced. Vinay Sharma and Pawan
Gupta were arrested based on their phone records and
locations corroborating their presence during the crime. At
last, a juvenile known as Mohammad Afroz, was identified
and arrested at a bus terminal in Delhi.

Key Forensic Evidence:


 DNA Analysis: Blood samples were collected from
various sources, including the victim's body, the iron
rods used in the assault, and clothing found at the
scene. DNA reports "cogently linked" each of the
accused with both the victim and the crime scene.
Specific DNA profiles were developed from bloodstains
on an iron rod, which matched that of the victim,
confirming its use in the assault.
 Bite Mark Analysis: Forensic odontologists analyzed bite
marks found on Nirbhaya's body. The analysis revealed
that at least three bite marks were caused by one of the
accused, Ram Singh, while another bite mark was
attributed to Akshay Kumar Singh.
 Physical Evidence: The police recovered two
bloodstained iron rods from the bus, which were
directly linked to the assault. Additional evidence
included hair and saliva samples were collected from
inside the bus, as well as a debit card belonging to
Nirbhaya's mother, which was found at the crime scene.
 Fingerprint Analysis: Fingerprint analysis provided
further corroboration of the presence of one of the
accused, Vinay Sharma, on the bus during the incident.
This analysis was crucial in establishing his involvement.

CCTV footage from various locations helped track the route


taken by the bus and corroborated eyewitness accounts. This
footage was instrumental in locating and identifying the
vehicle used in the crime.
Key judgement in the case:
On September 10, 2013, a fast-track court in
Delhi convicted the four adult defendants—Mukesh Singh,
Vinay Sharma, Pawan Gupta, and Akshay Kumar Singh—of
multiple charges including gang rape, murder, and destruction
of evidence. The court sentenced them to death, describing the
crime as "the rarest of rare" cases due to its heinous nature
and brutality.
The Delhi High Court upheld the trial court's
verdict on March 13, 2014. It reiterated the gravity of the
crime and confirmed the death sentences for the convicts.
The Supreme Court of India confirmed the death
sentences on May 5, 2017, dismissing appeals from the
convicts.
The convicts were executed at Tihar Jail on March 20,
2020.

Nirbhaya case lead to significant changes in laws related to


sexual violence:
 The Criminal Amendment Act of 2013 was enacted to

expand definitions of sexual offenses and increase


penalties for crimes against women.
 The Juvenile Justice Act of 2015 was amended to allow

for harsher punishments for juveniles involved in violent


crimes.

Key changes in forensic practice:

 Standard Operating Procedures (SOPs):. There has


been a push for standardized guidelines to ensure the
proper collection, preservation, and analysis of forensic
evidence, particularly in sexual assault cases. This
includes timely collection of DNA samples to prevent
contamination or degradation, which is crucial for
accurate results.
 Training for First Responders: Increased emphasis has
been placed on training police personnel and first
responders in forensic evidence collection. Proper
training is essential to avoid mishandling evidence,
which can compromise investigations.
 New Forensic Technologies: The case prompted greater
investment in modern forensic technologies, including
advanced DNA analysis techniques and better methods
for collecting and analyzing physical evidence like bite
marks and fingerprints. These advancements have
improved the reliability of forensic evidence presented in
court.

There has been an emphasis on collaboration


between police departments, forensic labs, and medical
institutions to streamline processes involved in investigating
sexual crimes. This coordination is important for ensuring that
evidence is collected efficiently and analyzed without
unnecessary delays.

REFERENCES
https://www.telegraphindia.com/india/how-delhi-police-
cracked-the-nirbhaya-case/cid/1733801

Sinha, V. (2023, December 16). 11 years of Nirbhaya case:


Cop narrates how Delhi Police nabbed rapists. Hindustan
Times. https://www.hindustantimes.com/india-news/11-years-
of-nirbhaya-case-cop-narrates-how-delhi-police-nabbed-
rapists-101702723236123.html

Toi-Online. (2024, August 19). What is Nirbhaya case? The


Times of
India. https://timesofindia.indiatimes.com/india/what-is-
nirbhaya-case/articleshow/72868430.cms

Sinha, B. (2017, July 19). December 16 gang rape verdict:


Evidence, testimony that nailed the convicts. Hindustan
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gang-rape-verdict-evidence-testimony-that-nailed-the-
convicts/story-qhK1p3lldjrZuMrgd56zgI.html

Pti. (2017, May 5). Nirbhaya gangrape and murder case:


Scientific and forensic evidence sealed the fate of death-row
convicts: SC. DNA
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gangrape-and-murder-case-scientific-and-forensic-evidence-
sealed-the-fate-of-death-row-convicts-sc-2428852

Admin, Admin, & Admin. (2024, June 13). Unveiling the


tragedy with the Nirbhaya case details | Jyoti Judiciary. Jyoti
Judiciary Coaching - Best Judiciary Coaching for Civil Judge
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with-the-nirbhaya-case-details/
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convicted for gang-rape hanged 7 years after brutal
crime. India
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rape-murder-convicts-executed-hanged-delhi-tihar-jail-
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and its Limitations in Rape and Murder Cases in
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