The Bombay high court recently said accused are not allowed to take a recourse to narco analysis test to prove their innocence, while rejecting a murder accused’s plea seeking permission to have one conducted for himself.
“It would be a hazardous situation to permit any or every accused to undergo narco analysis test for proving his innocence,” said Justice Sadhana Jadhav while turning down Yogesh Chandane, who is facing murder charges.
The judge added that polygraph and narco analysis tests would be helpful for the investigating agency to adopt a particular course of investigation and the evidence gathered by the agency would be material during trial.
“Just as inculpatory (self-incriminating) statement of the accused cannot be basis for conviction, similarly, exculpatory (self-absolving) statement cannot be basis for acquittal,” Justice Jadhav said while adding, “Hence, it would be a futile exercise to permit the accused to undergo any such tests.”
After the trial court in Kolhapur rejected Chandane’s plea in June, he had knocked on the HC doors. He claimed that he was innocent and was implicated in the case. His lawyer pointed out to the high court a line in a 2010 judgment of the Supreme Court stating that ‘narco analysis tests could be requested by accused persons who want to prove their innocence.’
However, when Justice Jadhav did not find any substance in the contention, he rejected Chandane’s plea observing that evidence recorded during the course of narco analysis or polygraph tests is not admissible in courts.
He said criminal jurisprudence does not contemplate of techniques such as admission or denial under influence of a particular drug and what has to be taken into consideration is a voluntary and truthful version of the prosecution case.