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Double murder accused duo refuse to give voice samples also

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Press Trust of India Cuttack
The double murder accused duo, Dhalasamant brothers, have told a lower court here that they are not willing to give their voice samples as sought by the investigating police officer.

Apprehending that the police may "misuse" the voice samples, the brothers, who had also refused to undergo polygraph test as was sought by the Investigating Officer, declined in the court yesterday to oblige the police.

"My clients have declined to give their voice samples when they were produced before the court of SDJM", said the brothers' advocate Soura Chandra Mohapatra adding the prosecution at the investigation stage cannot compel an accused to give his voice sample as per section 73 of the Evidence Act-1872.
 

There is no such specific provision in Evidence Act to deal with taking of voice samples. If investigation is complete and charges have been framed, the Court may allow voice samples to be collected provided the same is taken only for the purpose of identification and does not contain inculpate statement, Mohapatra added.

The siblings-Sushant and Sushil were arrested on January 29 for their alleged involvement in abduction and murder of their two former estranged associates in November 2013.

Claiming to have seized huge currency notes and a cache of arms and ammunition from the houses and offices of the Dhalasamantas located in twin cities of Bhubaneswar and Cuttack, the commissionerate police in the meantime have also claimed to have seized few more arms and ammunitions from their rented house in Vishakhapatnam.

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First Published: Feb 21 2016 | 12:57 PM IST

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