PANAJI
The High Court of Bombay at Goa has overturned the conviction of a 28-year-old Mizoram resident in a 2019 resort assault case, holding that the prosecution failed to establish identity and relied on “inherently weak” voice identification evidence in the absence of a Test Identification Parade and supporting forensic corroboration.
The appellant, Lalrinnunga Lalfakzuala, currently lodged in Central Jail, Colvale, had challenged the Sessions Court judgment convicting him under Sections 342 (wrongful confinement), 506(II) (criminal intimidation), 376 (rape) and 307 (attempt to murder) of the IPC and sentencing up to 10 years’ rigorous imprisonment on the most serious charges.
The case pertains to a complaint filed by a 63-year-old resort proprietress in December 2019, alleging that an intruder entered her room during the early hours of December 18, 2019, attempted to smother her, threatened her, and sexually assaulted her before fleeing through a window. The prosecution had claimed the appellant was identified by the victim through voice recognition and alleged scratch marks during the struggle.
However, the Court found serious gaps in the prosecution’s identification theory.
“The absence of the Test Identification Parade is further compounded by the fact that the prosecution has relied on the identification of the Appellant by the victim on the basis of his voice… no voice sample is obtained from the Appellant and no scientific analysis of the voice is carried out to corroborate the allegation…” the Bench of Justice Ashish Chavan said while pronouncing the order on Tuesday.
The Court further held that voice-based identification, in the circumstances of the case, could not be treated as reliable proof.
“Evidence of voice identification is also an inherently weak piece of evidence and this Court will have to be extremely circumspect in basing a conviction purely on the basis of voice identification…”
It also noted that the appellant belonged to a group of employees working at the resort, and observed that similarity in voice and accent could increase the risk of mistaken identity.
Holding that the prosecution had not proved the offence of rape beyond reasonable doubt, the Court ruled that the remaining charges could not survive in the absence of a credible identification link while acquitting him of the offence.
