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By:

Quaid Najmi

4 January 2025 at 3:26:24 pm

Three deaths, three lifers

Landmark verdict in 60 days as pune court terms crime ‘rarest of rare’; calls ‘brutal’, ‘inhuman’ and ‘barbaric’ Mumbai: In a milestone verdict, a Pune Special Fast Track Court handed triple death and triple life sentences to a 65-year old man for the rape-cum-murder of a three-years and two-months old girl, within barely 60 days of the crime, terming the case as falling in the ‘rarest of rare’ category, on Monday. Special Judge S. R. Salunkhe slapped the verdicts “to be hanged till death”...

Three deaths, three lifers

Landmark verdict in 60 days as pune court terms crime ‘rarest of rare’; calls ‘brutal’, ‘inhuman’ and ‘barbaric’ Mumbai: In a milestone verdict, a Pune Special Fast Track Court handed triple death and triple life sentences to a 65-year old man for the rape-cum-murder of a three-years and two-months old girl, within barely 60 days of the crime, terming the case as falling in the ‘rarest of rare’ category, on Monday. Special Judge S. R. Salunkhe slapped the verdicts “to be hanged till death” and “life imprisonment” for each of the three main charges – rape, murder, kidnapping besides provisions of the Prevention of Children from Sexual Offences (POCSO) Act, terming the acts of the convict, Bhimrao Prabhakar Kamble, as “brutal, inhuman and barbaric”. “The Special Court has awarded three life-terms and three death sentences for all the main charges. This is an unprecedented and historical verdict,” an elated Special Public Prosecutor (SPP) Ajay S. Misar told ‘The Perfect Voice’ shortly after the ruling. The precedent-setting ruling came before a jam-packed courtroom where Kamble stood with his head down in the witness box, the family members of the victim’s family, along with SPP Misar, the Pune Police Investigating Officer Inspector Vijaymala Pawar, and Pune (Rural) Superintendent of Police Sandeep Singh Gill besides the family’s lawyer Vipul Dushing remaining present. Diabolical Crime The Special Judge observed that the diabolical crime – for which Kamble was convicted on June 25 - did not just shock the judicial conscience but also shook public ethics, citing similar bestial incidents in Kathua (Jammu & Kashmir, 2018) and Unnao (Uttar Pradesh, 2017) that had sparked similar public outrage – as the victim’s family members broke down in the courtroom today. According to the police and prosecution, the victim girl, who was visiting her grandmother, was accosted by Kamble, later raped and murdered on the afternoon of May 1 at Nasrapur village in Bhor taluka of Pune district. “The offences relate to the commission of serious crimes like murder and rape by an accused with a prior record and a substantial history of serious assault. The offence was committed outrageously and involved inhuman treatment and torture of the victim. The victim was an innocent, helpless child. The murder was committed to satisfy lust, which evidences total depravity. It was a cold-blooded murder without provocation. The crime was committed so brutally that it shocks not only the judicial conscience but even the conscience of society,” the Special Judge Salunkhe said. Aggravating Factor Justifying the capital punishments, the Special Court said the only circumstance that could be posed was the age of the accused (65 years), and opined that it was not a mitigating but rather an aggravating factor, while relying on solid and circumstantial evidence like CCTV footage, DNA profiling, the statements of 55 witnesses, including a child, crime scene panchnama, identification parade records, articles seized during the probe, chemical analysis and other scientific reports, produced during the trial, SPP Misar said six crucial CCTV footage reconstructed the sequences of events, it showed Kamble taking the victim towards the crime scene at 3.12 pm that afternoon and returning alone at 3.51 pm, establishing she was in his custody for 39 minutes. It was during that period he sexually assaulted the victim, committed an unnatural sexual act, killed her and then concealed her body to mislead the investigators. Medical Reports The prosecution team of SPP Misar and Prathamesh Shingane also relied on the medical and autopsy reports, the detailed analysis of the injuries that corroborated its reconstruction of the crime and other circumstantial evidence indicated that the crime was pre-planned by Kamble. The Special Court noted that the prosecution proved both the last seen theory and the chain of evidence beyond a reasonable doubt, that Kamble was the ‘last person seen with the victim’ while she was alive, and there was no one else in her company before her death, with the entire set of circumstantial evidence unbroken and complete, pointing to his guilt. Strongly seeking the capital punishment SPP Misar cited 12 Supreme Court judgements while the family’s lawyer Dughing said: “The victim was of a very tender age, 38 months old while Kamble was 65 years. The nature of the crime is extremely barbaric and committed solely to satisfy his lust.” They rubbished Kamble’s statement to the court as “totally false”, demolished by the probe, scientific DNA profiling, medical records, forensic reports and circumstantial evidence, to decisively nail him.

Psychology Key in Tackling Crime Surge

Updated: Oct 21, 2024

Crime rates in India have surged significantly, creating an ever-growing backlog of cases. Modern crimes differ markedly from the past, often leaving minimal physical evidence at crime scenes. Such challenges pose a hurdle for investigating agencies trying to link perpetrators to their crimes. While suspects can be identified, proving their involvement in the courts remains a complex task. Forensic psychology plays a crucial role in addressing these issues.

Forensic psychology integrates principles from psychology, forensic science, and law to enhance the justice delivery system. Its application within the Indian criminal justice system has expanded over recent decades. Forensic psychology encompasses a range of techniques, collectively referred to as Forensic Psychological Investigative Techniques (FPITs). These include Deception Detection Technologies (DDTs) like polygraphs, narco-analysis, Brain Electrical Oscillation Signature Profiling (BEOS), Layered Voice Analysis, and Suspect Detection Systems, as well as methods such as Psychological Autopsy and Offender Profiling.

These FPITs combine psychophysiological principles with technology, serving as valuable tools in investigations. They are employed to screen suspects, detect deception, and determine a suspect’s knowledge or involvement in a crime. Despite their utility, the legal status of these techniques in India remains contentious.

The right to remain silent, a cornerstone of legal protection in India, is enshrined in Article 20(3) of the Indian Constitution and Article 11 of the Universal Declaration of Human Rights. Section 161(2) of the Criminal Procedure Code (CrPC) reinforces this right, stating that individuals are not obliged to answer questions that could incriminate them. This right was further upheld by the Supreme Court in the landmark case of Nandini Satpathy vs. Dani.

However, the use of forensic psychological techniques such as polygraphs and narco-analysis have been contested. In the 2010 case of Selvi & Ors vs. the State of Karnataka, the Supreme Court addressed the issue of involuntary administration of these tests. The Court ruled that such tests cannot be administered without the subject’s consent, as they would infringe on the right to remain silent. Nevertheless, if these tests are administered voluntarily, their results may be admissible under Section 27 of the Indian Evidence Act, which permits the use of evidence obtained voluntarily in certain contexts.

One notable case where forensic psychological techniques played a significant role was the 2008 Mumbai terror attacks. Narco-analysis was used on the suspects to extract information about the planning and execution of the attacks. The technique provided critical leads that aided in piecing together the sequence of events and provided crucial information regarding terrorist training camps in Pakistan.

Another important case is the 2009 Aarushi Talwar murder case. In this case, polygraph tests were administered to various suspects, including the parents of the victim. While the results were not directly admissible in court, they were instrumental in narrowing down the list of suspects and guiding the investigation.

The hit-and-run case of the Dhanbad judge involved the use of BEOS and narco-analysis to extract information from the suspects. The technique was employed to confirm the identities of those involved and their roles in the crime. Although controversial, these techniques provided crucial leads for the investigation.

In 2022, Ashraf Ali, an ISI agent, was caught by the Delhi Crime Branch. BEOS and narco-analysis were used to interrogate him. The use of these techniques was crucial in uncovering hidden details about the suspect’s involvement and motivations.

Forensic psychology is vital in addressing complex crimes in India and offers essential tools like polygraphs and narco-analysis. While these methods have proved valuable in investigations, their use remains legally contentious. Balancing their application with constitutional rights is crucial for advancing justice and ensuring ethical practices in the future.

(Keshav Kumar, IPS (Retd.) is a consultant to Assam Government. Hemant Reddy is forensic Psychologist. Views personal)

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