JANUARY, 2021 ISSUE 10TH, 44 PAGES ISSN: 2347-3525 LEGAL DESIRE forensic To Read Online, RE Scan: PORTER NHRC issues SOP INTERVIEWS on collection, Dr. J. R. Gaur processing of DR. g. rajesh babu forensic evidence DANIEL CAMARGO in sexual assault BARBOSA cases Manhattan DA Cy Vance Local man’s work hires forensic bankers to with FBI helps aid investigation into Trump crack Green Bay Organisation cold case contents NEWS & UPDATES 1-6 advancement in forensics 7 CRIMINAL PROFILE 9 DANIEL CAMARGO BARBOSA case study 12 INTERVIEWS Dr. J. R. Gaur 14 DR. g. rajesh babu 17 ARTICLES 20 - FINGERPRINT EVIDENCE – AN INFALLIBLE MEANS OF IDENTIFICATION: THE CASE OF MASS FINGERPRINTING - ROLE OF GRAPHOLOGY IN FORENSIC INVESTIGATION - Significance of Forensics Stylistics in Handwriting Analysis - FOOD FORENSICS JUDGMENTS 32 fire and arson UPCOMING EVENTS 35 jobs 36 THE TEAM 10TH EDITION JANUARY 2021
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NHRC India issues SOP on collection, processing of forensic evidence in sexual assault cases The National Human Rights Commission (NHRC) of anal evidence, handing over samples to FSL, and India has prepared a standard operating procedure general guidelines, it said. “The commission has (SOP) on collection and processing of forensic come out with this SOP after it observed that in many evidence to ensure effective prosecution leading cases of alleged rape and sexual assault, there is to conviction in cases of sexual assault on women, substantial delay in medical examination, collection officials said. The SOP, which was prepared in and processing of scientific and forensic evidences consultation with medical experts, has been sent of the victim,” the statement said. to various states and union territories so that instructions can be issued to all officers concerned The exhibits are forwarded to the Forensic Science for its implementation, they said. Laboratory (FSL) after much delay and by that time, the samples deteriorate or autolyse and become “The National Human Rights Commission, in order unsuitable for examination, the rights panel said. to ensure effective prosecution leading to conviction “This delay adversely affects the investigation for in cases of sexual assault on women, has prepared a effective prosecution leading to conviction,” it added. ‘’Standard Operating Procedure (SOP) on Collection & Processing of scientific/forensic evidences’’,” The NHRC hopes that this SOP, if implemented in the NHRC said in a statement. The SOP has been letter and spirit by the authorities, will definitely help broken down into seven sections of key operating improve the system of medico-legal investigation in procedures. These sections are victim care, cases of sexual assault on women in the country, the promptness and examination, collection of samples, official said. collection of blood and urine samples, genital and Source: Outlook India FORENSICS NEWS & UPDATES Himachal Pradesh to get three new forensic units The Himachal Pradesh government has decided experts, and this will help us better implement the to establish three district forensic units at Bilaspur, Automated Fingerprint Identification System (AFIS) Nurpur and Baddi, a government official said. provided by the National Crime Record Bureau. Currently, Himachal has a state forensic science laboratory (SFSL) at Junga in Shimla district, and This means that the fingerprint database at the state two regional FSLs at Dharamshala and Mandi. and district level will be connected to the national database of fingerprints. The AFIS would help in Dr S K Pal, spokesperson of the state directorate accelerating crime investigations as fingerprints of forensic services, said this is the third expansion found at the scene of crime can immediately be of forensic infrastructure in the state and will transferred to the state fingerprint database for help in ensuring scientific interventions in crime comparison, and results can be made available investigations at the district level. He said that the within a few minutes,” he added. The upcoming decision to create the three new units along with forensic units will cater to all three police ranges of creating 12 posts of various categories in forensics the state, and will be operational 24×7. was taken at a recent meeting of the state Cabinet. “The district level offices will also have fingerprint Source: Indian Express Calcutta Hc directs Centre to open more CFSL centres for speeding up forensic examination Emphasising the need for setting up exclusive DNA knowledge about her husband’s detention. On test outlets, the Calcutta High Court directed the December 22, the Inspector-in-charge concerned Central government to open more CFSL centres in had filed a report in the High Court stating that West Bengal for expeditious forensic examination they had found skeletal remains of a man and the during criminal investigations. same had been sent to CFSL for testing. On this, the Court directed the Additional Solicitor-General “It does not appear that the posts sanctioned may be to take immediate appropriate steps to augment the enough to meet the needs. Every endeavour should facilities and improve the output at the local CFSL. be made by the Union to sanction more posts and, if Additional Solicitor-General, on behalf of the Union, possible, open branches at other parts of the State submitted that the sanctioned posts at the local to ensure the expeditious examination of, inter alia, CFSL have almost all been filled up and steps have narcotic substances and material sent in course of been taken to fill one or two posts left. He submitted criminal investigation. It may also be necessary to that contractual employees have been engaged to set up exclusive DNA test outlets, now that such augment staff strength and ensure quicker results. tests are regularly used in criminal investigations,” The Court while considering the submission of the Court said. the Union ordered that concerned CFSL should conduct the DNA and other tests as expeditiously The division bench comprising Justice Sanjib as possible and ensure that an appropriate report is Banerjee and Justice Arijit Banerjee issued these filed before the next date of hearing. directions while hearing a writ petition filed by Rebaka Begum, who claimed that her missing Source: India Legal husband was arrested and she did not have any LEGAL DESIRE FORENSIC REPORTER JANUARY 2021 2 FORENSICS NEWS & UPDATES Delhi Forensic lab gets new wing to deal with seized firecrackers & explosives
The overburdened Forensic Science Laboratory The Veera Centre at Sector-23, Rohini, according to in Rohini, Delhi has started a new wing called laboratory director Deepa Verma, “has an explosive Veera Centre to deal exclusively with explosives residue examination facility”. She explained, “A and seized firecrackers.The new wing has the blast or an explosion is destructive in nature, which technology required for quick forensic examination means a major part of evidence may have been of pyrotechnics, which has become necessary after destroyed by the blaze. Therefore, the application the National Green Tribunal banned the sale and of relevant scientific techniques for collection and use of fireworks to check air pollution. The new unit preservation of minute scientific details to establish has so far received 19 cases. trace evidence is a big challenge in this field.”
With NGT hearing numerous pleas seeking action Verma added, “The lab is also reviewing the against pollution caused by firecrackers in NCR, possibility of adding a firecracker emission testing especially when the ill health effect of poor air facility to enable measurement of particulate matter exacerbates the intensity of Covid-19 infection, it and gaseous pollutants resulting from firework in was important to have a dedicated forensics unit order to establish the efficacy of green crackers.” that could carry out quick examinations for faster results.FSL has augmented the examination facility This year, the FSL handled 19 cases involving it was using to carry out tests on seized crackers explosives, one more than in 2019. Verma said, with new technology. “However, we receive on average 70 cases related to explosives in a year. Each case consists of exothermic process and it generates significant approximately thirty exhibits.” amounts of particulates, smoke, gases such as The lab is equipped with sophisticated instruments carbon monoxide, carbon dioxide, sulphur dioxide to carry out various analyses. During initial and nitrogen dioxide, as well as suspended examination, a simple test is carried out to determine particulate matter which makes the air less healthy the components and the presence of compounds to breathe. The new installations in Veera Centre will in an explosive. Other complex processes analyse instantly handle the explosion-related examinations low explosive and high explosive contents. and reveal information that will be a great help to our investigating agents.” Sanjeev Gupta, who is in charge of crime scene examination, said, “The burning of fireworks is an Source: TOI Karnataka to set up 5 more forensic labs to expedite investigation in drug cases
Home Minister Basavaraj Bommai said that the losing their future, while districts like Hubli, Mysuru, state government was keen to fight the drug and Belagavi, Mangaluru and Bengaluru have become gambling menace. Karnataka plans to adopt targets of drug peddlers. We need to fight both of multi-pronged strategies including amending the these menaces effectively,” he said. Karnataka Police Act and establishing five more Forensic Science Laboratories (FSL) across the According to him, use of synthetic drugs in schools state to expedite investigation procedures to tackle and colleges is also on the rise. the growing drugs and gambling menace, Home Minister Basavaraj Bommai said on. Replying to “As many as 1126 NDPS cases registered in 2017, a question during question hour in the Assembly, in 2018 it was 1095 cases, in 2019 it is 1374 cases Bommai conceded that both drugs and gambling and 3852 cases booked in 2020 is itself evidence menace directly affect youngsters in many ways. that the state government is acting tough on cases related to drugs in the state,” he said. He added that the amendment to the Karnataka Police Act will help police to act tough on drug He also claimed that the state government was peddlers and those who operate gambling illegally. taking steps to deport all foreign nationals whose visa has expired and were overstaying in the state. Besides this, Karnataka will also establish five state “We are in the process of identifying such violators of the art FSLs in Mysuru, Mangaluru, Kalaburagi, and taking steps to deport them,” he said. Hubli-Dharwad and Belagavi districts, he said and added that FSLs play a vital role in expediting In response to a question, he added that the state investigation procedures in the state. “All these government had not succumbed to any pressure years, we had to wait for weeks to get reports, once and as proof, the state government had taken these FSLs are established, it will ease pressure on steps to book every high-profile person who was the Bengaluru FSL,” he claimed. arrested in the recent past under NDPS Act. “If one is booked under this Act, he or she cannot get bail “Our country’s biggest asset, youth has become a at least for a year. Such are its provisions,” he said. prime target of drugs and gambling. In districts like Kalaburagi and Bidar, gambling has turned out to Source: The News Minute be a big-time menace in which our youngsters are
LEGAL DESIRE FORENSIC REPORTER JANUARY 2021 4 FORENSICS NEWS & UPDATES 24 more anti-trafficking cells coming up in Maharashtra The Maharashtra government will establish 24 cells inspectors, 21sub-divisional officers, 11 inspectors, to combat trafficking in the state, in addition to the as well as 81 female constables.As per the National 12 already fighting the trade in humans.Authorities Crime Records Bureau (NCRB), Maharashtra is one recorded 986 cases of trafficking last year and rescued among the top states facing trafficking problems. 1,020 victims from around the state. A public interest litigation (PIL) is already pending in the Bombay A PIL has been filed through senior counsel Mihir High Court seeking clarity on appointment of police Desai in the high court, seeking directives to the officers for anti-trafficking operations. Anti-trafficking state government to implement the amended anti- cells are already present in Mumbai city, Pune city, human trafficking law in letter and spirit. In its reply, Thane city, Nagpur city, Thane rural, Sangli, Navi the HC in September ordered the government to Mumbai, Solapur, Kolhapur, Ahmednagar, Beed report if it had made any proposal for appointment and Yavatmal. The new ones will be at: Aurangabad of special anti-human trafficking police officers. The city, Nashik city, Pune rural, Chandrapur, Jalgaon, new law has a provision for recruitment of special Nanded, Akola, Amravati city, Buldana, Washim, police officers who would only focus on trafficking Jalna, Osmanabad, Latur, Parbhani, Hingoli, Satara, cases. These officers are to be appointed by the Wardha, Gadchiroli, Gondia, Dhule, Nandurbar, Union government through the home department. Ratnagiri, Sindhudurg and Palghar. The new cells will get 275 police personnel, including nine assistant Source: Pune Mirror Manipur HC instructs State Govt to fill vacant posts in forensic lab The High Court of Manipur has directed the state the ballistics division, and biology and documents government to fill the vacant posts in the Forensic division, but a need for increasing manpower to Science Laboratory (FSL) in order to dispose the dispose of a huge number of pending cases. The criminal cases on time. As per the HC directive ballistics division director of FSL submitted the order, the state government must fill all vacant posts proposal to the government to create seven posts of and submit a report by February 11, 2021. The HC Ballistics Division in 2019, but the matter is pending stated that the delay in submission of forensic reports before the government, it stated. with substantive evidence has directly impacted the disposal of criminal cases. Moreover, the lack of The affidavit of the director of FSL also stated that the enough manpower and division officers has delayed total number of pending cases in the Laboratory has the completion of forensic reports resulting in a lot of been reduced from 2,288 cases with 56,242 exhibits pending cases. The directive order was passed by in 2017 to 1,726 with 54,492 exhibits in November a two-judge bench of the High Court Chief Justice 2020. It further said that the case disposal rate in Ramalingam Sudhakar and Justice A Bimol based 2020 is much lower than earlier due to COVID-19 on an affidavit submitted by the director of Forensic pandemic and repairing of the building. According Science Laboratory in the court. According to the to reports, the director of FSL submitted the affidavit affidavit submitted by the director of the forensic following the High Court instruction in connection science laboratory Dr S Joychandra Singh, one with the public interest litigation (PIL) filed by RK post of Scientific Officer and two posts of Scientific Joysana through his counsel M Hemchandra on the Assistant are vacant in the Chemistry division while deplorable conditions of FSL, Pangei, in 2017. two posts of Scientific Assistant are vacant in the Toxicology division. There are no posts vacant in Source: East mojo Manhattan DA Cy Vance hires forensic bankers to aid investigation into Trump Organisation
Manhattan District Attorney Cy Vance Jr has hired money paid by Mr Trump’s former lawyer, Michael forensic accountants to assist in his probe into Cohen, to silence adult film star Stormy Daniels Donald Trump’s Trump Organisation. The DA is for sex work. Since then, the probe has expanded investigating potential financial crimes committed to include a number of financial crimes, including by the organisation, including Mr Trump, his family, potential tax, bank and insurance frauds. and allies. Mr Vance hired FTI Consulting, which is one of the largest financial consulting firms on Prosecuting Mr Trump without an insider providing the planet. Its services include investigations, data Mr Vance with information would prove difficult. It is analytics, litigation, and forensics, among others.The likely Mr Vance will bring criminal charges against FTI consultants are likely investigating the Trump the Trump Organisation rather than the president Organisation’s bank and mortgage records. Neither himself.Mr Vance’s investigation is a particularly Mr Vance nor FTI have spoken publicly about the dangerous one for Mr Trump, as - should Mr Vance nature of the firm’s work on the case. Mr Vance is charge him with a crime - the president cannot use seeking eight years’ worth of Mr Trump’s tax returns a presidential pardon to clear himself. Pardons from the president’s accounting firm, Mazars USA. only cover federal crimes, not crimes prosecuted Mr Trump did not disclose the tax returns Mr Vance at the state level. New York’s Attorney General, is seeking.Mr Trump argued that, as president, he Letitia James, has also launched an investigation was immune from criminal probes into his finances. into the Trump Organisation. Her enquiry is a civil The Supreme Court ruled against his claim. A lower investigation into whether the organisation artificially court ruled that Mr Trump could not hide his tax inflated the values of its properties in order to obtain returns from Mr Vance. The case was appealed to tax breaks.Should Ms James find wrongdoing, the a higher court. If that court affirms the lower court’s organisation could be subject to fines. ruling, Mr Vance will gain access to the tax records. Mr Vance’s probe started with an investigation into Source: Independent
LEGAL DESIRE FORENSIC REPORTER JANUARY 2021 6 advancements in forensics DMU forensic scientists investigate fingerprint detection on biodegradable and compostable bags Researchers at De Montfort University Leicester (DMU) are exploring how precious metals can be used to detect fingerprints on biodegradable and compostable plastic bags.
Dr Kevin Farrugia, senior lecturer in Forensic Chemistry, is leading a project to determine the most effective and efficient ways to identify finger-marks on the biodegradable plastic bags that are becoming increasingly popular with big-name supermarkets and shops.To do this, Dr Farrugia will use a range of development techniques including one called Vacuum Metal Deposition (VMD), one of the most powerful finger-mark development techniques available.
“VMD is a proven method for the detection of finger- marks on a variety of substrates and one of the good things about this method is that it doesn’t involve the use of anything toxic,” continued Dr Farrugia.
The VMD equipment that Dr Farrugia and his colleagues will use for this research, a VMD360 worth £40,000, has been loaned to DMU’s Forensic Research Group free-of-charge for six months by vacuum manufacturer West Technology. footwear marks, in addition to integrated approaches “The equipment will also give us an opportunity to of multiple types of evidence. better understand the sensitivity of the techniques for the detection of finger-marks on these plastics He has more than 14 years’ experience in Forensic and we will be gathering a varied pool of fingerprint Science and is a member of various professional donors, including males and females, to ensure we bodies including the Royal Society of Chemistry, are being as thorough as possible. the Chartered Society of Forensic Sciences, the
International Association of Identification and the “We are very grateful to West Technology for providing International Fingerprint Research Group (IFRG). He the equipment for our research,” added Dr Farrugia. has also participated in a UK Government review of “As well as gaining and imparting knowledge, we finger-mark evidence documentation which includes want our work to have a positive impact for police aspects of his research. forces and also have an impact on real-world cases.” Dr Farrugia Kevin is actively involved in research Source: De Montfort University related to the enhancement of both finger-marks and Forensic Chemist’s Laser Technique Distinguishes Human and Animal Blood Chemist Igor Lednev displays a portable Raman spectrometer. New research published by forensic chemist Igor nearly identical to the naked eye, the ATR FT-IR Lednev could soon offer law enforcement another spectroscopy analysis, coupled with advanced valuable crime scene tool – a quick and accurate way statistics, was able to classify them as human or to distinguish human blood from animal blood. animal with 100 percent accuracy. Samples from In a proof-of-concept study, Lednev, a professor in three other species – deer, elk and ferret – were the University at Albany’s Department of Chemistry, included to further test the statistical model, and were and Ewelina Mistek-Morabito, a doctoral chemistry all correctly classified. student in his lab, used laser technology to rapidly differentiate human blood samples from nearly a “When testing blood samples, the general composition dozen animal species. This could prove to be key in is very similar,” said Mistek-Morabito, the study’s car crash investigations when the suspect is unsure lead author. “We were very excited to discover that if a human or animal was struck. For example, South our ATR FT-IR spectroscopy technique was sensitive Dakota Attorney General Jason Ravnsborg recently enough to detect the minor discrepancies and could drew national attention when he told authorities he successfully differentiate between human and animal thought he hit a deer, not realizing he’d actually hit blood. Now that our research has shown strong and killed a pedestrian. results in a lab setting, we must next validate it using true crime scene conditions,” she added. “Most current techniques used for discrimination between human and animal blood cannot be done at The Lednev Lab the crime scene and also result in destruction of the Lednev and his team have pioneered the use of sample,” said Lednev. “We instead can offer a non- Raman spectroscopy for forensics purposes over destructive way to test traces of blood left behind on the last decade. In previous studies, they identified a suspect’s car bumper that will answer the question a number of key characteristics based on common of its origin immediately.” physical evidence found at a crime scene (such as blood, saliva and sweat) including the type of Laser Forensics body fluid, time since deposition, the race, sex Lednev’s technique relies on Raman spectroscopy, and age group of the donor, and if the donor is which works by shining a laser on a dry blood a smoker. They’re now in collaboration with Ray sample and measuring the interaction. No two Wickenheiser, director of the New York State Police samples produce the same results, offering a unique Crime Lab System, to turn these discoveries into a measurement (similar to a fingerprint). The results single, portable instrument that can assist criminal are instantaneous and do not destroy the sample, investigations. The National Institute of Justice (NIJ) preserving it for future testing.In the new study, the has supported forensic science research in the Lednev lab used attenuated total reflection Fourier Lednev Lab for 13 consecutive years, investing over transform-infrared (ATR FT-IR) spectroscopy, a $3.2 million. His team has published over 60 articles complementary technique to Raman spectroscopy, in peer-reviewed journals on this topic and received on 15 human blood samples and a total of 89 cat, three U.S. patents. dog, rabbit, horse, cow, pig, opossum and raccoon Source: News Wise blood samples. Although each sample appeared LEGAL DESIRE FORENSIC REPORTER JANUARY 2021 8 Daniel Camargo Barbosa (22 January 1930 – 13 criminal profile November 1994) was one of the most prolific serial killers during the 1970s and 1980s. He was a Columbian psychopath who had brutally committed several heinous crimes. It is assumed that he has DANIEL CAMARGO killed over 150 young girls. Initially an ephebophilic robber and a paedophile, he became an active stalker and eventually a serial rapist and a serial killer. Due to BARBOSA his criminal nature, he was known as “The Mangrove Monster” and “The Sadist of Chanquito”.
BACKGROUND On 22nd January 1930, Camargo was born into a wealthy family, living in Anolaima, Columbia. His father, Daniel Camargo Briceño was a local businessman. His mother, Teresa Barbosa was the second wife of his father. He also had an elder half-sister. At the age of around two years, his mother died and eventually his father remarried to a young adolescent, named Dioselina Fernández. Dioselina wasn’t able to bear children but she had desperately wanted to have a daughter of her own. Meanwhile Briceño was completely focused on his business and was emotionally distant from all. All these circumstances led Daniel Camargo Barbosa to inculcate in him the ability to lie and manipulate people. Daniel Camargo was an intelligent student and had good performance record in school. With attainment of adolescence, he started to develop certain violent tendencies. As a punishment his step-mother would take out her aggression on him by abusing him. She would often force him to dress like a girl and further humiliate Daniel publicly. This robbing a shop owned by one of his clients. He did an was a major turning point in Daniel’s life as it sowed elaborate hoax and escaped the prison, thereafter in him the seeds of hatred towards women. In the continuing to live his normal life.In 1962, Daniel fell early 1940’s, Daniel started his schooling from an all- in love with another women named Esperanza and boys Catholic boarding school. With time, he moved got engaged to her, leaving his first wife and two on with his prior trauma and once again became kids. Later on, Daniel had found out that her fiancé academically good. He had made plans for further wasn’t a virgin and this exasperated him. To sought studies but unfortunately his family was hit with a this matter, he manipulated her and they both made lot of economic hardship. Daniel was forced to work a deal where Esperanza would help out Daniel by as a door-to-door salesman. During this period, he getting him virgin girls to have sex with and Daniel realised that he had the skills required to gain the would in exchange stay with her. This fixation was trust of people as he could very easily get into his the new beginning of the crimes that Daniel was yet customers homes or make them buy things. to commit.
EVENTS CRIMES In 1957, Daniel started dating his client, a young The alliance of Daniel and Esperanza began the woman named Alcira Castillo. They soon began era of unlawful acts. Esperanza lured young girls to living together and had children. But their financial an apartment and then drugged them with sleeping life wasn’t stable and Daniel had no other option than pills so that later Daniel could rape them. They to rob. On 24th May, 1958 he did his first crime by committed this offence with five young virgin girls. They weren’t caught until 10th April,1964 when the victims’. In 1989. He was convicted and sentenced fifth victim reported the crime. Both the partners were for 16 years. arrested and Daniel was charged and convicted for sexual assault with an imprisonment of 3 years, MODUS OPERANDI which was later increased to 8 years.This prolonged Daniel found young virgin females the most attractive. conviction provoked Daniel and he ruminated He selected his victims who were either helpless himself. He figured out that only if he had murdered or poor. His childhood ability to manipulate others the girl after rape, he would have never got caught. helped him in convincing his victims that he was a In 1973, he went to Brazil after being released from foreigner who could provide them jobs in a church on the prison. Due to lack of proper documents and an the outskirts of a town. illegal immigration he was once again arrested and Once agreed, he would accompany them and then deported to Columbia. take a turn into the forests, pretending to know the shortcut. He then raped his victims and then killed Daniel had by now started working as a street them later on. Some of the most common methods vendor where he sold the television monitors. On he used for killing were strangulation, slashing, 2nd May,1974 day while doing his daily job his stabbing, crushing with machete, etc. After killing he eyes got hold of an attractive 9-year-old school would collect all the valuables and then leave the girl. He kidnapped, raped and at the end murdered bodies there only to decompose. her. This was Daniel’s first murder. On the next day he went back to the crime scene to recover the JUDGEMENT television screens and to dispose off the victim’s After committing several murders and rape Daniel corpse. Unfortunately, he was being followed by a was sentenced for 16 years of imprisonment cop who then arrested him. He was convicted and in Quito’s García Moreno Prison. This was the got a sentence for 30 years of seclusion to Gorgona, maximum punishment for murder in Ecuador. On an island near Columbia. For 10 years in prison, he 13th November,1994 Daniel was killed by his inmate, studies the sea currents and navigation. Finally, one Arcesio Noguera Jaramillo. Arcesio was a 29-year- day he got a rowboat on the beach which he paddled old prisoner and nephew of one of Daniel’s victim. for hours till he landed on the border of Ecuador. The He had resorted to kill Daniel and take revenge for authorities assumed that he must be dead as it was the mishappening that happened to her aunt. Before next to impossible to navigate the way out through killing Arcesio said, “It is the hour of vengeance” and such currents without any prior experience. Daniel then shanked Daniel eight times thereby killing him. thus became the first prisoner to ever escape from As a trophy he cut off one ear and claimed his revenge Gorgona prison. as successful by killing the 64-year-old serial killer. At the end there was no one to claim the body of Daniel Daniel was now a 44-year-old psychopath who Camargo Barbosa and so he was buried in a mass had found a new territory (Ecuador) to engrave his grave in Quito’s El Batán cemetery. mark upon. On 18th December 1984 he raped and murdered a 9-year-old girl. The time period from Author: 1984-1986 saw a rise in the rape and murder cases, with at least 55 being victims of Daniel. It was thought that a new serial killer was in the game who had sought to win the competition from López’s, another active criminal of that area.
To earn a living, he used to sell the clothes and objects procured from his victims. On 26th February,1986 he Swati Gupta was caught red handed with bloody clothes of his last Intern at Dept, of Forensics and Criminal Investigaion, victim. He was taken into custody where he accepted Legal Desire Media and Insights his crime. He informed the police in detail how he M.Sc.(Forensic Sciences), National Institute of had killed a total of 71 rape victims. He cooperated Criminology and Forensic Science, MHA, New-Delhi with the police and took them to the bodies of his
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INVITING INSTITUTIONS, ORGANISATIONS, CRIMINAL LAW FIRMS FOR COLLOBORATIONS. DROP EMAIL TO [email protected] CASE STUDY Local man’s work with FBI helps crack Green Bay cold case
FBI attorney, Steve Kramer speaks out for the In the late 1970s and ‘80s, the Golden State first time and hear from those who say they’ve Killer terrorized the state of California. More worked closely with him to crack the case of than a dozen people were murdered; 50 one of the most notorious serial killers in U.S. were raped. For more than 40 years the killer history and Green Bay’s oldest cold case; evaded capture. Paul Holes, Former cold case investigator for the Contra Costa County Born in Fort Lauderdale and raised in Green Sheriff’s Office says he and FBI Attorney Steve Bay, Steve Kramer is an attorney with the Kramer wanted to advance justice through Federal Bureau of Investigation (FBI) in its Los DNA technology. Angeles office. “Steve Kramer calls me up out of the blue and “I’ve been embedded with agents working side this would have been March or April of 2017. by side with them for the last 22 years. Most He said, Paul, I believe in DNA. I believe in agents think I’m an agent,” says Steve Kramer. genealogy. How can I help?” Holes says.
For investigators, current technology wasn’t Kramer is bound by the FBI from talking about doing enough to solve violent crimes. DNA. However, Holes says they both knew the secret to crack the most unsolvable cases lie “In every case, there is a new twist on it. You within crime scene DNA. Kramer and Holes think you’ve seen it all then you see something wanted to prove that crime scene DNA could new,” Kramer adds. be uploaded to public genealogy databases to
LEGAL DESIRE FORENSIC REPORTER JANUARY 2021 12 find a genetic relative of the suspect. technique Steve Kramer’s colleagues credit him with inventing is what lead to an arrest in “Eventually we recognized the technology the Green Bay cold case of Lisa Holstead; the that ultimately is being used today was just 22-year-old single mother who was murdered so powerful we had to pursue it. So, we just in 1986. partnered up,” says Holes. “It started with the media of the Golden State It was Steve Kramer; Holes says who blazed Killer case and I knew in the case we had a the trail for DNA forensics.Public genealogy (DNA) profile that wasn’t identified. I didn’t know date hubs were the hey to his new investigative if this type of investigation was appropriate so technique but Kramer needed someone to I reached out to some people and I found out unlock the bank.Bennett Greenspan is the that it was the type of case that could be useful president and founder of FamilyTreeDNA, a to them,” says Graf about applying forensic Houston based genetic testing company. genetic genealogy to Lisa Holstead’s case.
“Steve said you know you really have an “Steve provided the blueprint for me to do the opportunity to make a difference,” says Bennett assist in my investigation to help me develop Greenspan about one of his first conversations the leads that I needed to do to eventually with Steve Kramer. identify a person,” Det. Graf adds. “He walked me through some of the steps that um are used “He called me and told me that he had a in these types of investigations and he pointed horrendous case of dozens of murders and me in the right direction.” rapes they think came from the same person and he said, ‘I think I can get um some of that Thirty-four years after Holstead’s murder, DNA. Will you run it?’ And it didn’t take me long Det. Graf says forensic genetic genealogy led to say, yes I will l because it felt like the right investigators to 65-year-old Lou Griffin.Griffin thing to do,” Bennett adds. was arrested for the crime and now awaits his trial. An arraignment hearing is scheduled for Just like that, the FBI gained access to more February 8th, 2021. than two million public DNA records. And it worked.By uploading crime-scene DNA to “The FBI has decided that they do not want to genetic search hub, GEDmatch, Paul Holes broadcast the work that he is doing. I’ve been says he and Kramer identified distant relatives trying to put it out there that Steve Kramer and of the Golden State Killer. the agents working for him have been doing great work and they are providing- they are Holes says by reverse engineering a family solving cases and getting families justice! The tree they were able to identify Joseph James fact that he’s out of Green Bay and he helped DeAngelo. One of those most notorious serial solve a Green Bay case, that’s just amazing,” killers in U.S. history.After 47 years on the run, says Paul Holes.Those close to Kramer say DeAngelo was arrested, convicted, sentenced they want the world to know exactly who’s to 11 life terms without the possibility of parole, responsible for the next generation of forensics. and forensic genetic genealogy was born. “It’s ground-breaking. It’s life-changing it’s a “The reality is, without Steve Kramer I’m not paradigm shift it’s all those things. And Steve sure the golden state killer case would have saw it. He connected the dots and just ran with ever been solved,” Holes says. it,” says Bennett Greenspan of FamilyTreeDNA.
For now, the FBI won’t speak publicly about forensic genetic genealogy but according to Source: NBC26 Green Bay detective, David Graf the same INTERVIEW In conversation WITH Dr. J. R. Gaur Director, School of Forensic Science and Risk Management [SFSRM], Rashtriya Raksha University [RRU], India & Former Director and Head of State Forensic Science Laboratory, Himachal Pradesh, India
Dr. J.R. Gaur is the Director of School of Forensic Science and Risk Management [SFSRM], Rashtriya Raksha University [RRU], Dahegam, Gandhinagar, Gujarat, India & Former Director and Head of State Forensic Science Laboratory, Himachal Pradesh, Junga, India. He has obtained Master of Science degree in Physical Anthropology & Ph.D. in Human Genetics and Forensic Serology.
Dr. J.R. Gaur worked at the State Forensic Science Laboratory, Haryana, Madhuban, Karnal as Scientific Assistant (Serology) initially. After that he was subsequently selected to head the State Forensic Science Laboratory, Himachal Pradesh as Assistant Director (Biology education of the public and all the wings of Criminal & Serology), Deputy Director & Director in the same Justice System he has given 32 Radio Talks from laboratory till 2012. He also worked with Bureau of All India Radio, Shimla on Forensic Sciences and Police Research and Development [BPR&D], MHA allied subjects and also got telecasted six T.V. talk Gol, New Delhi as Principal Scientific officer (Life on Forensic Science from Door darshan, Shimla. Dr. Sciences). He is a well-known Forensic Scientist in Gaur has also written 8 books/booklets on Forensic India and abroad. Sciences.
During his tenure of service Dr. Gaur examined and On 13 occasions, Dr. Gaur has been given letters of reported about 13,000 crime cases in the laboratory appreciation by his seniors in the State Government and he has examined about 650 scenes of crime. He for his excellent and meritorious performance also appeared for evidences in various Courts of Law in Forensic works. He has been a thorough and in India in about 262 cases. He has been researching meticulous examiner of scientific evidences. He and writing scientific papers in Forensic Sciences has worked in the fields of Forensic Anthropology, ever since his induction in this field. He has about Forensic Biology, Forensic Serology and Scene of 150 publications to his credit in National as well as Crime examinations during his service and solved a number of ticklish cases in the country. International journals of repute. Not only this, for the
LEGAL DESIRE FORENSIC REPORTER JANUARY 2021 14 What inspired you to join the forensic domain during was it, in comparison to doing casework in the lab? those early days, when there wasn’t much awareness about forensics? Yes, teaching, training, and evaluation in various academic courses are different from casework. It is true that when I joined Forensics in the year In case work, everything is practical, you have to 1978 at the Forensic Science Laboratory, Haryana, carry out experiments; you have to perform tests on Madhuban (Karnal), India, there was not much various exhibits as per SOPs in the manuals. But awareness about forensics in India. It was by both works are intertwined and beneficial to each chance that I entered into this domain or in other other, as for any examination in forensics you need words; I can say it was my destiny which brought to keep yourself academically updated with the me to this field. After having passed my MSc in latest developments, which helps you in the court Anthropology (Physical), I was working with Panjab testimony. While teaching Forensics to Police and University (Anthropology Department) as a Junior Judiciary one comes to know their difficulties and Research Fellow in the year 1977, in a project of requirements which helps one to carry out future Anthropological Survey of India. One day, one of my innovations. professors asked me, why should I not try for a job at the Forensic Science Laboratory in Haryana. I said sir, I don’t know if there is any Forensic Laboratory in Haryana. In the meantime, after a few days, I got In times, when the phones and television were still an interview letter from the regional employment luxury things and were not accessible to all, unlike exchange, Chandigarh for the post of Scientific now, you worked on a different but effective initiative Assistant (Serology). I appeared for the interview at to promote and impart awareness about forensic FSL Haryana, Madhuban and was selected. I was science among the common man via the radio talks. the only eligible candidate for the seven vacant How did this come to your mind? Were the people posts. Moreover, academically I was very sound and excited to know about the forensic domain back I have secured second position in the MSc batch in then? the university. It came to my mind that radio was the communication medium available to most of the people in the society, whether they are in cities or the interior villages of the You were the key person that had the responsibility hill state of Himachal Pradesh, for the education of of capacity building of forensic labs in Himachal Police, Prosecution, Judiciary, Medical Officers and Pradesh. What challenges were faced by you while Defence Lawyers also in Forensics. I thought radio to handling it and how did you manage to do all of it, be the best source as they also listened to the radio while dealing with the casework at the same time? regularly. Moreover, communication through radio transmission was the most common and cheapest I proceeded to Himachal Pradesh Forensic Science method of imparting education for the protection of Laboratory on deputation from Haryana as Assistant the scene of crime. So, I did it. The people were Director (Biology and Serology) on 2nd of April, so interested to know about Forensics that they 1990. The Laboratory was initially established in the requested the radio staff in various programs to Police Barracks modified into Laboratories at Police broadcast the Forensic talks on various subjects. Complex Bharari, Shimla. There was a skeleton staff These programs created Forensic awareness in consisting of one Assistant Director, two Scientific all the wings of the criminal justice system and the Officers, three Scientific Assistants, and four Lab public at large. I remember in some cases public Attendants. The Director was re-employed after demanded the Forensic team at the scene of the retirement; who also left us at the beginning of 1993. crime and stated that they will permit police to enter We were running four divisions Biology & Serology, the scene on the arrival of the forensic team. Thus, Chemistry & Toxicology, Document & Photography these talks generated public faith in forensics. and Physics and Ballistics with this staff. Besides, we had to examine scenes of crime all over the state What challenges were encountered while dealing and of Himachal Pradesh and also had to impart training processing the evidence submitted to the forensic to police on different forensic aspects. lab by the police and various other government agencies during the early days when awareness I had to run from pillar to post in the government to about forensics was not much in the country? get funds for creating infrastructure and for getting additional staff, which was given by the government Unsealed, putrefied, deteriorated exhibits came to from time to time. It was very difficult to convince the the lab for want of knowledge of lifting, preservation, officers in the government on the Scientific aspects packing, and forwarding of the samples/exhibits. but I was successful in doing so. We had kept targets This caused a delay in examination and led to in the timeline for doing every work. No case report inconclusive reports. The cases had to be referred was kept pending beyond one week. So, there was back to the forwarding agencies with the advice no backlog. Our whole of the staff worked very to do the needful so that the chain of custody is dedicatedly. I got established one State Forensic maintained, to seal the exhibits, and provide attested Science Laboratory at Junga and two Regional sample seals for comparison with the seals affixed Forensic Science Labs at Mandi and Dharamsala. on the parcels. Being closely associated with academics and There might have been various instances when you teaching process in various colleges and universities, were called for inspecting the crime scene by the the police personal, police and judicial academy and IO/Police unit. How challenging was it to deal with it evaluating UG, PG, PGD and even PG and Ph.D. apart from the lab work? thesis during your course of service, how different I have successfully examined and reported about 650 crime scenes in my service. The work is challenging but very interesting. The success or failure of the Do you collaborate on research projects with your investigation of a case starts from the scene of a crime. colleagues at the lab? In your opinion, how important If the scene of crime has been examined meticulously is it to do so? and recorded in situ, it gives us every information like the motive behind the crime, time of the commission of Yes, it is very important to involve your colleagues the crime, point of entry and exit, number of accused, in the research projects to impart them training and and type of weapons used, the identity of the victim know-how of research in a field. It also helps to prepare and the accused, etc. The scenes of crime sometimes second in command scientists as future commanders. used to be in difficult locations/topography, one had Moreover, scientific research is a teamwork and give to reach the place after walking several kilometers on and take of ideas. The teamwork always leads to foot, through the fields, forests, and hills even at the better completion of various research projects in time. odd hours during night. So, it was entirely different from lab work. Having worked for almost 4 decades in the Forensic After the lab examination of the case evidences, you Domain, do you still wish to contribute to the domain? might have been called in the court of law on many How? instances to testify about the particular case either from the Prosecutor/Defendant side. What challenges Yes, I still wish to contribute to the domain and still were encountered by you while giving your opinion I am contributing. I worked in FSL Haryana and in the court where the people lacked the scientific Himachal Pradesh for nearly a little above 34 years. understanding about the forensics? After my retirement as Director FSL from H.P. in 2012, I worked in BPR&D, MHA, GOI for nearly three and Yes, I have appeared in the courts for testimony in half years as Principal Scientific Officer (Life Science), about 250 cases during my service. It is true that till march 2016. Ever since then, I have been teaching people don’t understand scientific jugglery in the forensics in various police judicial and academic courts of law. If the report has been given in the simple institutions as guest or visiting faculty. Now again I language then there is no problem. But you can’t omit have joined as Director, School of Forensic Science every scientific word from the report, such terms have and Risk Management at the Rashtriya Raksha to be explained in the court. One must be thorough University (An Institution of National Importance) at with the case file, case report, and the subject while Lavad, Dahegam, Gandhinagar district, Gujarat, India. giving testimony in the court of law One must avoid I am teaching postgraduate students and researchers hypothetical questions, if it has to be replied, one online at present and shall further carry out research should be tactful enough. Avoid answering in yes or in those forensic fields which are unexplored or little- no, if asked, must elaborate after answering in yes explored till now. or no. It is rightly said, “Court is not a place of lively music.” Contributing to the Forensic Field from all these years How has your work been recognized in the community? Many trainings are being undertaken by the Directorate of Forensic Science Services (DFSS), New Delhi. How My work has been recognized as it has been effective is it while working at the lab or crime scenes? published in National and International Journals of repute and has been cited very widely. I have Trainings are the backbone of any professional in received appreciation letters on 13 occasions from any department including forensics. These are highly the Himachal Judiciary, Police and the government of effective for working in the lab and at the scenes of Himachal Pradesh. Moreover, I have been honored crime. The training should always be theoretical by the Chief Minister of Haryana in January 2004 in followed by practical to make these more fruitful. the 15th All India Forensic Science Conference at Karnal for providing best Forensic Science Services to the society. I also received Union Home Minister’s Most of the professionals working at various FSLs are award for meritorious services in Biological Sciences overburdened by the casework. But you managed in 1998, Forensic Science Excellence Award of the to indulge in research work despite all this. How did Union Home Ministry in 2003, Pandit Gobind Vallabh you make it possible and what challenges did you Pant Puruskar of BPR&D, MHA, GoI in 2006, Bharat encounter while doing so? Gaurav Award of India International friendship Society in 2016 and last but not the least I received Union Yes, it is true most professionals working in FSLs Home Ministers Lifetime Achievement Award 2018 for are overburdened with casework as the manpower Outstanding achievements and contributions in the is not commensurate with the workload. But it does field of Forensic Sciences. not mean that one should not carry out research work. Casework need based research work is always required in forensics. I used to do it on holidays or by devoting 2 to 3 hours daily before or after office timings and writing, computation and typing work used to be done at home. That is how I followed and carried out research work. My total working hours out 24 hours always had been 12 to 16 hours daily.
LEGAL DESIRE FORENSIC REPORTER JANUARY 2021 16 INTERVIEW In conversation WITH Dr. G. Rajesh Babu Centre Head, International Centre for Humanitarian Forensics [ICHF], Associate Professor, School of Forensic Science, National Forensic Sciences University [NFSU], Gujarat, India
Forensic Sciences, and published over 8 articles in popular magazines/media.
He has been involved in various research projects. He has contributed as a forensic expert on framing Policy guidelines for the state on scientific disaster management with the Gujarat Institute of Disaster Management. He has been a University recognized guide for Ph.D. scholars, master’s degree and PG diploma students. He has been invited to various talks and organized various international conferences and workshops. He has been delivering expert/guest lectures for the judicial officers, the police officers, and colleges. He has been training the officers of the Iraq, Myanmar, Bangladesh, Nepal Police and Forest officers of SAARC (Srilanka) countries and officers of other countries deputed under the ITEC scheme on various techniques in criminal investigation and also in the areas of Anthropology, Ballistics, Fingerprints and crime scene analysis, and students of Albany University.
He has been a member of the Board of studies, faculty for academic programmes, expert panel, academic council member, examination result Dr. Govindarajulu Rajesh Babu is currently Centre committee, and coordinator for various courses in Head of International Centre for Humanitarian the Universities. He had been Chairperson and Forensics and an Associate Professor in the School guest of honour in the national and international of Forensic Science at the National Forensic conferences. He has developed a curriculum Science University, Gandhinagar. He had served for the course of PG diploma, master’s degree as a Lecturer of Forensic Medicine and Toxicology program, and fingerprint sciences course in in Sri Siddhartha Medical College, Tumkur, under University of Cape Coast Accara, Ghana in the Rajiv Gandhi University of Health Sciences, November 2018. He had set question papers Bangalore from 26th September 1996 to 25th for the Public Service Commission for the post July 2009. He has a doctorate in Anthropology of Scientific Officer and Scientific Assistant in from the Central University of Pondicherry. He FSL of Punjab and Karnataka 2014 & 2018. He has been in academics since September 1996. has rendered consultancy service in India and He has been a member of various professional Abroad and also a Coordinator for the Centre of organizations. He has published and presented Excellence for Humanitarians Forensics, a joint over 44 papers in various international and venture/initiative with the ICRC. He has been national journals and various conferences. He Examiner for the Ph.D. and M.Phil Examination. has also contributed seven chapters in a book He has been representing Intra University as a titled “Principles and Practices in Contemporary committee member. What inspired you to join the Forensic domain as an could not be taken to the real scene of crime. There academician during those early days, when there is also a scope for the pseudo crime scene / mock wasn’t much awareness about Forensics? scenes could be created and explained about the scenario. Major aspect is pertaining to the analytical In those days there were hardly any options left techniques through science. So, the syllabus would for the science graduates. By default, they were be more emphatic in the analytical part. either entering into the master’s program in the same subject. Then there were a negligible number In our university, a recent trend is included as an of students entering into research work after that. internship in which the students are involved in the Otherwise, they were enrolling themselves the real case work. bachelor of education to become teachers. Undertaking any research projects or guiding PG, The graduates were swifter in getting themselves M. Phil &PhD students for their dissertation/project employed in the government services such as work/thesis in the Forensic Domain is a challenging banking, public service commission and so on, task. How do you deal with it? through special coaching or through self-studies. In fact, the challenges are the major resources / As there was one such field that I came to know opportunities for the research work. The complexity was the masters’ degree in forensic science. It was associated with the criminal investigations is always very unconventional in its curricular structure with a vast. To find out the solution to such complex issues mixture of subjects ranging from criminology, police are the major tasks. So, finding out a research topic administration, law, medicine, ballistics, serology, in forensic sciences is much easier. In fact, the toxicology, fingerprints, questioned documents and topics are a plenty to explore or conduct research so on. This was found to be very much explorative work. and professional oriented. There was a sense of having attained some achievement when getting As far as the data is concerned, it is always admission into this course. There was also a scope available. But there may be always a requirement that entry into the government service through this of the ethical approval as it would be relating to was also a good option as it was limited to field for the human interventions/ invasion of the tissues. the employment. Moreover, this course was being (Human related study) offered by few universities as a curriculum. There was a tough competition to enter into it as it was The resources are also plenty for the research open for all the science graduates. So naturally irrespective of the domains of forensic sciences there was a feeling of satisfaction to have entered because the real cases are always available as to this course. a huge volume of data (for analysis and for the significant and reliable results) As there was least awareness to this course it was a blessing in disguise. The competition is supposed Let it be fingerprints, questioned documents, to be lesser unlike others. ballistics, toxicology, serology/ DNA, food chemistry, narcotic drugs, digital data, voice analysis and so You have been a member of Board of Studies for on. various colleges and universities & developed the curriculum for various UG, PGD & PG courses. It As the Head of the world’s first International Centre has been observed that many students studying the for Humanitarian Forensics [ICHF] jointly established Forensics & Investigative sciences, often complain by the National Forensic Sciences University that many things aren’t applied in the real world [NFSU] and International Committee of the Red while dealing with the case evidences from crime Cross [ICRC] in the year 2018, what challenges do scene to the lab. What do you think about this? you encounter while creating awareness about a new field of Humanitarian Forensics in India? It is a popular notion that forensic/ investigative sciences deal with the crime scene. It is in the ambit As it is a new field, the limitations are obvious. of the law enforcement agencies/ police. In general, Making everyone to understand about the new forensic scientists are working within the laboratory entity is always difficult. Moreover, forensic science and are dealing with the scientific perspectives. is associated with the law, police and criminal investigations, so there is always a popular In the media there is portrayal that the forensic notion that this domain is also associated with the scientists are rushing to the crime scene in every investigative approaches for the crimes. case scenario. Of course, forensic scientists visit the crime scene in association with the police It is really more interesting to make everyone investigators. It should not be confused with the work understand about the concepts of humanitarian related to the work culture of the police investigators. forensics. Rather than considering it as a challenge There is a primary ambiguity in the understanding it can be considered as opportunity to emphasize among the common people especially the youth. and explain about the genial touch of forensic But the forensic science students understand the sciences. This is what all about the forensic sciences thin delineation between the duty of the police and with contrasting objectives of this field. In fact, it the interface of the police and forensic scientists. was easier in the contemporary society of India to learn about the humanitarian forensic actions when In case of the syllabus reason also there is a major giving the examples of the disasters those are emphasize given on the crime scene analysis/ faced by the country. Indians are very much familiar management also. For the obvious reasons’ students with various kinds of natural disasters as there
LEGAL DESIRE FORENSIC REPORTER JANUARY 2021 18 would be at least two floods, cyclone or landslides As far as the academic consultancy is concerned occur in the country. So, the humanitarian forensics there is hardly any difference. There is always a sort could be easily understood while taking these real of supremacy felt among our pattern of curriculum. scenarios for the purpose of making them learn the So, it would be easier to formulate the same to necessity of this subject. others. Even while developing their curriculum also it was easier depending upon their requirement You have been called for setting of question (with the technology what is possessed by us). papers of various posts of the Forensic Lab for the Public Service Examination of different states. Do you collaborate for research projects with your As the syllabus for this kind of exams is very vast, fellow colleagues? In your opinion, how important what points do you keep in mind while setting the is it to do so? question paper and what are the tips to clear such Public Service Examinations? After all forensic science is an interdisciplinary subject, it is always mandatory to involve the other This is quite easy as there is a well-set syllabus subject experts into the fore. There is vast scope in place. The syllabus is set in such a way that it of research with the interdisciplinary approaches. suits the profession directly. In fact, the specific This is more suitable with this subject. Even in the orientation of forensic sciences is always required. core subjects of forensic sciences there is a scope The syllabus is very much confined to the forensic for the inter -disciplinary approaches. In fingerprints sciences. So, it would be rather beneficial to the there is a scope for involving analytical chemistry, master’s degree students who appear in such inorganic chemistry, nano technology, bio chemistry examinations. Sticking to the syllabus that is tailored even micro biology and DNA and so on. In ballistics, made by the university is good enough to clear the there is a scope for involving material sciences, examination with a thorough preparation. mechanics, projectile, properties of matter, kinetics, analytical chemistry, toxicology. Many trainings and courses are being regularly conducted by the National Forensic Sciences It has been observed that these a lacuna between University [NFSU], Gandhinagar for capacity theoretical & practical understanding while building and awareness of Forensics to various teaching in the Forensics Domain. In your opinion, Indian and foreign in-service personals like IAS, what is the correct way for the Capacity building of IPS, Police & Judicial officers and other government professionals teaching in this domain? agencies. How different is it to train them compared to teaching the students? There is hardly any such lacuna as far as the teaching professionals are concerned. After all Training of the officers are always an interesting they are involved in the research work with the one. Officers who are working in the field usually contemporary issues faced by the society and the come with umpteen number of questions which investigative organizations in general. Probably this would be thought provoking. There is always a would be true if there is a conventional university sense of curiosity among the trainees to learn system in existence. Being a super specialized about the advancements/ techniques for the better institution (ours) there is a vast scope for us to results. They try to find out the solution for their come across the professionals involved in the routine issues/ problems they face during their criminal investigations, their issues and the practical duties or case works.There are multidisciplinary difficulties faced by them. approaches among these officers. So, it would be always a sense of satisfaction to response to every In addition to this, there is a scope that the question of them. Because they would always ask teachers are being involved in such consultancy the questions those are always in a practical point services, there’s a scope for teachers to learn of view. about the practical issues faced by the target groups. Personally, I have dealt with number of In certain instances, there use to be some issues criminal cases and solved as a teacher of forensic which they bring forth use to be a feed for the thirst sciences. this also depends on the teacher’s ability of knowledge for us. There would be certain topics and enthusiasm to involve himself in such criminal for our research work when the answer we do not investigation. get to such questions. There used to be an anxiety among them to learn about the updated information In the students’ point of view, it is better to follow the for their issues which are more specific /pointed (to teacher with the vast examples he quotes and the the point). tasks given by him. The students should try to make themselves capable of solving the cases studies There might have been instances, when you were given by the teacher with the novel techniques involved in consultancy services in India and abroad instead of dealing with the conventional techniques. for various government and private agencies. How In some instances, the students are given real case different is it from the academics? scenarios and are asked to solve them. This is the most recent trend among the students of our As far as the consultancy services in India are university. They are also involved in the case work concerned, there used to be uniformity. The system with the tie up with the investigative agencies/police is well set and predetermined. There would be organizations dealing with specific crimes. similarity and approaches could be uniform. There is no change in the methodology or methodical approaches. But when it is with the foreign countries there is a difference in the method that is tobe followed. article FINGERPRINT EVIDENCE – AN INFALLIBLE MEANS OF IDENTIFICATION: THE CASE OF MASS FINGERPRINTING
In the second week of May 1948, four years old June Keeping in view the heinous nature of the crime, Devaney was admitted to Queen’s Park Hospital, the investigations were entrusted with the Scotland Blackburn, U.K. for treatment of pneumonia. She Yard. Detective Chief Inspector Colin Campbell was the eldest of the six patients in the Children’s painstakingly examined the ward over next 15 hours. ward. June had made good progress and was due He lifted fingerprints from the sterile water bottle to be discharged from the hospital by the evening and footprints from the polished floor. The latter of May 15. However, at about 1.20 AM on the same were more than 10 inches long and were made by a day, a nurse noticed that she was not in her cot. male who had worn socks. This ruled out the female nurses who normally entered the ward bare footed. The nurse also observed footprints on the polished Next, the fingerprints of those who had legal access floor and a bottle of sterile under the cot ofthe to the ward were recorded; none of these matched missing child. She remembered that the bottle, with the imprints obtained from the bottle. which was normally kept at the end of the ward in a trolley, was not under the bed an hour earlier. On May 16, a search was made in the crime record The police soon arrived at the scene and office, but no match was found. More than 2000 systematically scanned the hospital premises. At persons who had visited the Children’s ward during 3.17 AM, a constable found June’s body near the the past 2 years were fingerprinted, but these too hospital boundary wall, about a hundred meters did not match with the impressions on the bottle. from the wall.
LEGAL DESIRE FORENSIC REPORTER JANUARY 2021 20 By now two aspects were quite clear: Firstly, the taken to heavy drinking. Under the influence of fingerprints on the sterile water bottle were those liquor, he entered the children’s ward of the Queen’s of the murderer, and secondly, the perpetrator of Park Hospital and picked up the sterile water bottle crime had the knowledge of local topography. The from the trolley. Subsequently, he lost his balance investigators took an unprecedented decision to and fell on June’s bed. The child started crying. fingerprint all males 16 years of age or older who He placed the water bottle under girl’s bed and were present in Blackburn on May 14 and 15. tried to hush her, but in vain. He therefore carried her outside and banged her against the hospital The Mayor of Blackburn sent out an appeal to the boundary wall. residents to cooperate with the investigators, so as to bring culprit to the book. The local press also Griffiths was re-fingerprinted at the crime record issued a similar appeal. The police assured that office. His footprints were also recorded. The once the guilty person was arrested, the fingerprint results matched with the fingerprints on sterile cards would be destroyed or returned to the donors. water bottle and footprints on polished floor. The court pronounced him guilty and awarded him On May 23, twenty officers under the command of capital punishment. Inspector William Barton were assigned to task. They visited 35000 houses, a project that took two After the arrest of Griffiths, the Mayor of Blackburn months. Many residents by then had left Blackburn announced that the residents may collect their for other parts of U.K., and also for foreign countries, fingerprint index cards or else those would be including Australia, Egypt and India. Follow-up destroyed. About 500 donors applied for return as inquiries yielded fingerprints of these men too. The they wanted to preserve these as souvenirs. The World War II prisoners of war, who were residing remaining documents were pulped at a local paper near Blackburn, were also fingerprinted, as were mill, in presence of the Mayor and local media the inmates of a local mental asylum. persons.
By the end of July 46000 fingerprint index cards At 9 AM on November 19, 1948, the hangman were scrutinized. However, the identity of the made Blackburn a safer place for children. suspect had still not been established. Authors: Fortunately, by this time the local registration office circulated a notice, asking the residents to get new ration cards issued. To avail this facility, they had to fill an application form, giving their name, address, date of birth, etc. The investigators tallied the list of those who had applied for new ration cards with the schedule of persons who had been fingerprinted. There were about 200 males who, for one reason or Dr. JASJEET KAUR other, had slipped through the mass fingerprinting Associate Professor and Head, Department of net. Chemistry, Shaheed Rajguru College of Applied Sciences for Women (University of Delhi) On August 9, the investigators restarted the process of fingerprinting so as to cover the left outs. Finally, Dr. G. S. SODHI on August 12, a match was found. The index card Associate Professor and Coordinator, Forensic in question was of Peter Griffiths, aged 22. He was Science Unit, S.G.T.B. Khalsa College, University an ex-army man. of Delhi
After some resistance, Griffiths confessed to the crime. On the fateful night of May 14/15, he had article
ROLE OF GRAPHOLOGY IN FORENSIC INVESTIGATION
INTRODUCTION the science of handwriting. He is entitled as ‘Father Graphology is four hundred years old science. of Graphology.’ His book named ‘Treated how, by a Graphology or handwriting analysis is been carried out letter missive, one recognizes the writer´s nature and for decades to centuries but it became more effective qualities’, and it is considered to be the first known after the 19th century when it came into practice with graphological essay. In 1870, the term “Graphology” psychology to study behaviour and personality traits was coined by Jean Michon, a French man. In 1930, of an individual. Two categories fall under the study Dr Ludwig Klages establishes the relation between of graphology, Integrative graphology deals with the handwriting and character. He is widely regarded as formation of strokes and its relation to the personality the father of modern graphology. of an individual while, Holistic graphology focuses on the movements during writing, forms and usage METHODOLOGY of space. It is applied in the case of ransom notes, Forensic investigators use graphology to determine signatures, letters and other common scenarios. the personality traits of an individual. To do so, forensic experts have to study and analyse a large ROOTS OF GRAPHOLOGY number of handwriting samples, control samples, Handwriting science has its roots in Eastern India. It unknown and suspected samples to frame an opinion. was first founded by Rishi Parashar, a researcher of Handwriting reveals a person’s emotional status the Sanskrit language. He wrote a book and named while writing. Graphologists use different tools such it “Greepha” which is the 1st book on handwriting as magnifying lens to observe the handwriting and science. The book consists of all Sanskrit alphabets specific features. Manual/ Physical analysis involves and handwriting features such as slants, size, and the study of various handwriting features such a slant, strokes. French priest Father Miko was the first margins, word spacing, connections, pen pressure, person who gave a scientific value to this science. line spacing, movements, formations, ‘i’ dots, t bars He performed research on handwriting and conclude etc. Each feature has a specific meaning and helps that in whatever situation of humans, the specific to identify personality traits. Accuracy of which letter formation occurs due to emotion flow in the depends on the skills of a forensic graphologist. Apart human brain at the time, and hence handwriting is from manual/ physical examination, there are many brain writing. He said that “Handwriting is unique. It technological methods for behavioural analysis that cannot be copied because emotions vary from person can analyse personality traits through the help of the to person.” Graphology was uplifted in 1622 when Dr. computer. Automated handwriting analysis overcomes Camillo Baldi, an Italian medical doctor reintroduced the prone and errors of manual analysis and assists
LEGAL DESIRE FORENSIC REPORTER JANUARY 2021 22 the graphologists. Computer-Aided Graphology of reliable evidence for investigating the cases in (CAG) is one such method used by graphologist forensic aspects where profiling of criminal mind to predict personality traits. It’s an error-free and and Modus Operandi plays an important role. time saver method for graphologists. CAG scans Graphology is an emerging field for personality the handwriting sample, processes the image, recognition of an individual. It covers over 300 removes the extra pixels, converts it into Grayscale different handwriting features including margins, and hence a binary image is obtained. That image slants, strokes, size, pressure etc and each of the is segmented and each segment is processed feature is unique and indicates about different parts to extract features. All the extracted features are of the personality of an individual. Study of margins then analysed through a context-free grammar conveys the nature of a person. The narrow right implementation that assists graphological analysis. margin shows impatience and eagerness. The A context-free grammar is a list of commands of wide right margin shows fear. While slants reflect recursive rewriting used to create patterns. Thus, the emotions of a person. If the slant is upright, the result is obtained after the analysis. Software the person is independent and can hold emotions. used nowadays for handwriting analysis is WANDA Right slant suggests balanced emotions and left and CEDAR-FOX. slant indicates suppressed or more intensive emotions. The large size of handwriting suggests DUTIES OF A GRAPHOLOGIST that the person is extrovert. A smaller size indicates Graphologist is qualified specialists who analyse that the person is logical and academic. Large the handwriting traits to understand an individual word spacing indicates freedom and possessive of personality. A graphologist collects all the respective personal space. Closely spaced words show that samples and makes sure that the samples contain the person is intrusive. A lot of dots while writing all the required information. Measures the size, shows a lack of self-confidence. height of the letters and slants using calibrated tools. Some people consist of only one handwriting A graphologist then observes the letter formation style, while many people may have a mixture of and strokes using a magnifying lens or microscopic two or more styles. This again provides useful techniques. He evaluates all the handwriting information. Study of connections shows if a person features from the sample, may use diagrams to is stubborn or secretive, practical, lack of patience, plot the features individually. After analysing all the also maturity and skills. All this information is very personal characteristics thoroughly, a graphologist useful for forensic investigation to narrow down the frames an opinion about the personality and a search of a criminal mind or to judge a suspect. It is person. A graphologist is called in the court of law impossible to determine the age and sex from the to frame their opinion in handwriting cases when handwriting of a person, but a clue of masculinity required. He must maintain a proper record of or feminine can be known. Graphological the analysis. It is a graphologist’s duty to identify enlightens a psychiatric point of view in the cases complex problems and develop solutions. He must of schizophrenics, paranoiacs, alcoholics, extreme know laws and courtroom procedures. cases of hysteria and very rarely neurotics or obsessive-compulsives. From a graphologist’s GRAPHOLOGY IN FORENSIC INVESTIGATION point of view, the writing of a psychopath can Graphology is the scientific method of arriving at typically be comparatively conformist, rather banal, an opinion based on common sense, universal with very little rhythm, stiff, monotonous and galore concepts, mental interpretations and pragmatic in abnormalities. research that can give insights of mood, intelligence, emotional state and integrity of a person. Knowing CASE STUDY: HANDWRITING ANALYSIS OF A the mental state of a person while writing can be SERIAL KILLER a piece of very useful information to assist the The psychopath Theodore Robert ‘Ted Bundy’ born investigation for suicidal cases or any criminal case Theodore Robert Cowell was serial killer, rapist, that involves handwriting. It’s a fact that handwriting kidnaper and necrophiliac. He was convicted is a neuromuscular activity which is itself a shred for 30 homicides identified between 1974 and 1978 but is thought to have actually committed CONCLUSION far more such atrocious deeds. Ted Bundy was The idea behind graphology is that people can suspected to be raised by his own violent, abusive develop their behaviour or character by studding grandparents, brought up in a violent environment or modifying their handwriting. Graphology is and being put through the traumatic experience progressively used for many purposes like self- of seeing his grandmother periodically undergoing reformation, personality development, child growth, electroconvulsive therapy for depression. counselling, team building and combined with His separation from his university girlfriend is psychology, it is a great therapy tool. Handwriting considered to be the triggering event in his criminal analysis has both believes and scepticism. Although development. Ted Bundy’s handwriting is much graphology is an applied science but not yet structured and paragraphed. The right margin is considered to be accurate effective as it can only snaky and the left one is linear. The writing is slanted suggest a part of an individual personality, not the to the right, is narrow and tall. The middle zone is in-depth picture of a person’s abilities or personality. dominant, the upper zone is low, while the lower Research in the field of graphology continues to zone appears to be developed with circular loops. prove the value of this practice before such blind The lines are horizontal, the distances between faiths. The only fact that doesn’t help is the reason letters vary between words and are little between behind the existence of graphology and why can lines, creating entanglements. He uses arcades it be used to interpret the personality traits of an type of connections. The speed is good and the individual. pressure is even. Ted Bundy presents himself as an elegant, creative and a magnetic person. He is educated, smart, capable, thorough, logical and Author: determined. However, the writing also displays his Aayushi Shukla vanity, stinginess, and sense of self-importance.
Student, National Forensic Sciences University, Gujarat
Fig1. Handwriting Sample of Ted Bundy (Source: The Write Event- https://graciousliving. typepad.com/the_write_event/2004/01/ted_ bundyhandwr.html) LEGAL DESIRE FORENSIC REPORTER JANUARY 2021 24 article Significance of Forensics Stylistics in Handwriting Analysis
We generally come across a range of handwriting that are present in either a speech or a written text or samples from calligraphic to atrocious or unreadable document. Forensic Stylistics is a study of different ones. The handwriting which stays in our mind for styles that are present in a speech of the interviewee/ the longest time are the one which are either too witness or a written text or a document like a suicide embellished or too untidy. Handwriting is an acquired note, anonymous letters, forged documents, etc. art which is taught generally when a kid is of 5-6 years. It is a result of one’s emotions and action in his/her Forensic Stylistics and Principle of Individuality: early childhood. Our handwriting changes according a) Every writer has a handwriting which individual to to the emotions we perceive and the actions we take to him alone. quantify those emotions. Handwriting is a combination b) Every writer use a unique style and a particular of dots, lines, curves and loops. It’s a subconscious language while talking and writing. activity. Whenever we write something, we always c) Every individual’s distinctive traits and behavioural focus on the content we’re writing coz handwriting just patterns are unconsciously reflected in their happens and our subconscious mind takes care of all handwriting and speech each time he/she writes and the letters, characters and words we write. So, it’s our talks, respectively. subconscious mind which takes a charge of all the Significance of Forensic Stylistics: curves, slants, loops and lines, we draw. 1) Forensic Stylistics focuses on written texts and An examination of the different styles of letters, words, spoken language. texts comes under the field of Stylistics. For Example: Transcripts of tape-recorded It refers to the study of proper use of words or conversations, depositions, declarations, statements, language in proper places. It also attempts to establish interviews, etc. principles capable of explaining the particular choices 2) It can be of great use in an area of questioned made by individuals and social groups in their use of authorship. language, such as socialization, the production and 3) It helps to analyze the meaning of documents such reception of meaning, critical discourse analysis and as wills, insurance policies, contracts, agreements, literary criticism. bank notices, etc. Stylistics deals with a wide range of language varieties 4) It can help analyse the documents involved and styles that are possible in creating different in heinous crimes like kidnapping, extortion, texts, speeches or essays, monologue or dialogue, blackmailing, etc. formal or informal, scientific or non-scientific, etc. It 5) Also, it can be a useful aid to analyse and decode is concerned with the study of the language habits suicide notes, threat notes, anonymous notes, etc. and a writing pattern of the particular individual. 6) Forensic Stylistics in combination with Forensic Stylistics is defined as a study of the different styles Psychology can be magical to find out behavioural pattern and psychology of the author and speaker Sub-heading are written on the left side of the page. based on his/her handwriting and speech, respectively. 4) Starting a Paragraph Some writers stick the first letter of the paragraph to Style Markers found in Handwriting: the marginal line they’ve drawn while some leave too 1) Margins much space and write only 2-3 words in the first line The amount of marginal space provided differs from of the paragraph. This varies from person to person. writer to writer thus forming the individuality. Every individual leaves some space on all sides on the 5) Page Number paper I.e. Left, Right, Top, Bottom. The style of writing page number can be varied. It can be written on the top left, top right, top centre bottom, A) Left Margin left, bottom right or bottom centre of the page. It can The space left on the left side of the content written either be written in numbers or Roman Numerals. It is ‘Left Margin’. It can be Absent, Narrow, 1/8th of can either be written in bracket (round, curl, square) the width of the page or More than 1/8th of the width or in a shape (circle, box). of the page. It can be Straightish, Vary or Rigidly Straight. Also, there can be Drifting, Narrow, Concave 6) Bulleting or Convex types of Left Margins. The bullets used to write in points can differ from person to person. Some may draw a circle and fill it B) Right Margin with an ink, square, triangle, or some other design. The space left on the right side of the content written Even the size of bullets are different. is ‘Right Margin’. It can be Unoccupied or Controlled/ Hyphened Right Margins. Sometimes, Right Margins 7) Underlining are Absent, too. Drawing the lines under the Heading, Sub-heading or important words is called as Underlining. It can be C) Top Margin a single line, double line, triple line, over-written line, The space left at the top of the content is ‘Top Margin’. dotted line, wavy line, and cross line. There can be an absence of Top Margin or it can be too narrow or too broad. 8) Use of Language Every person used some sets of words which are D) Bottom Margin unique to himself. It can be in any language. Even The space left at the bottom of the content is ‘Bottom the construction of the statement, choice of words Margin’. To understand the nature of the bottom vary. margin in one’s writing, the sample of at least two pages should be taken. Some people leave too A)Grammar much space at the end of the page while some It consist of the Tenses and Prepositions used to start another piece of writing from the same page. construct a statement. Sometimes, the statements Some people even draw some kind of designs and are grammatically too wrong that the meaning of that embellishments. statement changes completely.
2) Baselines B)Spellings and Misspellings It is an imaginary line on which words are based. Spellings of certain words which have fixed in the This line tells a lot about the focus of an author while mind of any writer remain consistent every time the writing. The baseline can be Concave, Convex, writer uses that word in his or her handwriting. No Classic Quitter or Suicidal. Also, it can be classified matter how complicated form of disguise writers as Slightly Ascending, Too Ascending, Slightly practice, the mental impression remains constant Descending or Too Descending. Sometimes, it can throughout. be Straightest or Wavy. C)Vocabulary 3) Heading and Sub-heading The quality of the words chosen to construct a The location of Heading and Sub-heading also sentence says a lot about an author. Using fancy varies from writer-to-writer. Headings are mostly word is an indicator of author’s knowledge about that written exactly at the top centre of the page while language.
LEGAL DESIRE FORENSIC REPORTER JANUARY 2021 26 14) Connections and Disconnections D)Phrases Some people connect letter while writing a word Usage of particular word or phrase every time the (e.g. Cursive) while some people write each letter writer writes. Repetition of words when there can fit disconnected from the other. There can be a other words is also a commonly observed trait. combination of Connected and Disconnected Writing. Connections and Disconnections suggest a lot about E)Abbreviations the thoughts going on in one’s mind while writing it. Use of short forms of words, commonly seen in text messages or what app conversation. Writing ‘k’ for 15) Spacing ‘okay’, ‘idk’ for ‘I don’t know’, ‘f9’ for ‘fine’, etc. It is a gap between two letters, two words and two lines. F)Punctuations A) Letter Spacing Use of proper punctuation marks. Commonly the It is a space between two letters. It can be narrow, English writers in India have a habit of incorporating medium or too far-off. only full stops, comma and question mark more frequently in their handwriting and compared to other B) Word Spacing punctuations. It is a space between two words. It can be narrow, medium or far-off. The Spacing is considered normal 9) Slants when it has a length twice as the length middle case The inclination of letter towards the left side or right letter. In case of narrow word spacing, the space is side is considered as its Slant. Slants are classified less than twice the length of the middle case letter as Right Slant (Inclined towards Right), Left Slant and exactly opposite in case of far-off word spacing. (Inclined towards Left), No Slant, (Perpendicular to It can be of variable length, too. the Baseline), Random Slant (Combination of Left and Right). C) Line Spacing It is a space between two consecutive lines. It can 10) Zones be too less that the lower zone of the first line may Zones are the part of the line which one utilizes while collaborate with the upper zone of the second line. writing. It can be Upper, Middle or Lower. Some letters It can be normal/medium which may help handwrite are written particularly in Middle Zone (e.g: a, c, e, i, to look neat and attractive. It can be too-broad that it m, n, o, r, s, u, v, w, x, z) while some letters consume may look distracting. Line spacing is classified into two zones: Narrow, Far-off and Medium based on number of a) Upper and Middle Zone (e.g: b, d, h, k, l, t) lines written on the single blank page. b) Middle and Lower Zone (e.g: g, j, p, q, y) A letter which consumes all the three zones is ‘f’. Style is the variable element of human behavior. It is simply a habit of a person which never dies. 11) Pressure Forensic Stylistics has always proved its importance It is the pressure person puts on the paper while in establishing the identity of an individual whether writing. It can be Heavy, Medium or Light. It is checked there is a case of handwriting or vocal conversations. based on its impact on the page next to the one on which the content is written. Author:
12) Size Size of the handwriting can be Large, Medium or Small. Though, some people may write it Too Large or Too Miniature. Size of the handwriting is related to person’s leadership quality.
13) Pastocity Rituja R. Gharote Pastocity is the extra flow of ink from pen to paper. It Member of Young Division (Forensics), can be observed on a particular letter. Its pattern vary Legal Desire Media and Insights from person to person even if the writing tool is the same in every case. It can be classified as Positive, Negative, Soothing and Distracting. article FOOD FORENSICS
Food is one of the topics that are most widely spoken These crimes can be severely harmful to consumers, about and researched upon. It is one of the fundamental food businesses and the wider food industry. (Food things necessary for the sustenance of any organism. Crime, n.d.) For us humans, it is absolutely necessary to consume Some of the commonly occurring Food Crimes include healthy food to obtain the essential nutrients required (Food Crime, n.d.): for our growth, development and to live a healthy life. • Adulteration: Reducing the quality of a food product However, these days, it has become increasingly through the inclusion of a foreign substance, with the difficult to find food products that are completely intention either to decrease the production costs or “Healthy” and “Safe” to consume. With issues such as falsely portray it to be of a higher quality food adulteration, food substitution, waste diversion, • Substitution: Replacing a food product or ingredient and other food-related crimes plaguing the market, with another substance of a similar but inferior kind how can we be sure that the food products are worth • Theft: The dishonest appropriation of food, drink or the money we pay and most importantly, safe for us to feed products from their lawful owner with an intention consume? to benefit economically from their subsequent use or Nonetheless, it is becoming more and more necessary sale for us to be aware of the various food-related crimes • Unlawful Processing: The slaughter, preparation or that are occurring ever-so-frequently these days. processing of products of animal origin outside of the A “Food Crime” or “Food Fraudulence” is serious fraud relevant regulatory framework and related falsities in the food supply chains. It also • Waste Diversion: The unauthorised diversion of food, includes activities that impact drinks and animal feed. drink or feed intended for disposal back into relevant
LEGAL DESIRE FORENSIC REPORTER JANUARY 2021 28 supply chains. inert ones, false branding/misbranding or mislabelling, • Misrepresentation of origin, quality, provenance or etc., are all part of food fraudulence. (Msagati, n.d.) benefits: The marketing or labelling of a product so as Food Crimes like adulteration of food products, to inaccurately portray its quality, safety, benefit, origin which involve the deliberate addition or mixing of or freshness substandard ingredients which are of inferior quality • Misrepresentation of durability date: The false to the food products, can be potentially harmful to the declaration of the freshness, or expiration date, of a health of consumers. product Therefore, it is of prime importance that the food However, it is necessary to understand the difference products being released into the market are thoroughly between Food Fraudulence and Food Safety. investigated and tested to ensure its quality and safety for consumption. This is where “Food Forensics” Issues related to Food Safety may arise when the comes into the picture. quality of the food product is jeopardized as a result of unintentional food contamination either due to What is Food Forensics? improper handling, inadequate processing, and Food Forensics or Food Forensic Investigation is a spoilage by microorganisms or addition of ingredients logical process of investigation carried out to determine that will poison the food products. In such cases, it the authenticity of the food products being circulated must be proven beyond doubt that the failures which in the market. It involves the use of powerful scientific had occurred during the production process were methods for the verification of the description of the unintentional, with no maleficent motives. food products in terms of its composition, processing or origin. (Primrose et al., 2010) The objective of The Modern Food Manufacturing processes have carrying out Food Forensic Investigation is to address advanced over the years, to consistently provide the problems regarding food quality, respond to food products to the consumers, which are safe and consumer complaints and to detect issues found in free from any form of microbial contamination and routine quality control testing. It aims at ensuring that foreign materials. However, as most commercial food the Food Processing Industries are complying with the commodities are produced on equipment operating at existing food standards and safety regulations that are very high speed, sometimes, it may happen that some specified by food regulatory bodies. machinery malfunctions, wear off or breaks, that would, unfortunately, introduce particles or unwanted foreign Scientific Methods and Strategies for Verification of materials into the food products being manufactured. Food Crimes (Aimutis & Mortenson, 2017) Occurrences like these There are several scientific methods available for may be considered to be an issue of food safety. food forensic scientists to analyse and ascertain cases of Food Fraudulence. Profiling methods and On the contrary, a case can be regarded as Food various chemical and biochemical techniques can be Fraudulence only when it is proven that there has been used to generate favourable information regarding an intentional cause for the presence of adulterants in the composition of the food products being analysed. the food products for any malicious purpose, especially Numerous analytical instruments are applied for the for the reason of monetary gain. “Food Tampering” is Profiling of food products, which generate chemical an act in which someone deliberately and fraudulently signals that can be enhanced to obtain information adds something to mixing vessels or to a package regarding the composition of the food product under to discredit a company or potentially cause physical investigation. These profiling methods are especially harm to the consumer. useful for analysing complex samples of food and are capable of performing a wide range of scientific Practices such as dilution of food products to levels measurements simultaneously. The scientific that reduce their nutritive value or to an extent that techniques which are commonly used for verification risks the health of consumers and/or masking the of incidents of food fraudulence include: effects of dilution by adding other inferior substances -Chromatographic techniques such as Liquid or replacing quality ingredients with either weaker/ Chromatography (LC) and Gas Chromatography (GC)
24 oMass Spectroscopy (MS) the method is known as Targeted Analysis. -Nuclear Magnetic Resonance (NMR) -Infrared Spectroscopy (IR) Several analytical instrumentations may be involved -Inductively Coupled Plasma- Mass Spectroscopy in targeted analysis, such as hyphenated techniques (ICP-MS) involving chromatography and mass spectroscopy -Atomic Absorption Spectroscopy (E.g., GC-MS, GC-MS/MS; LC-MS, LC-MS/MS, etc.) -Enzyme-Linked Immunosorbent Assay (ELISA) and also others such as Nuclear Magnetic Resonance oPolymerase Chain Reaction (PCR) (NMR). It involves the analysis of both, the test and certified authentic/genuine samples of a particular Scientific data obtained through these techniques food item, after which the results are compared. If are generally further subjected to statistical analysis, there are any suspected case for non-authenticity or with the use of Multivariate Techniques like Partial adulteration, it will be confirmed after the comparison Lease Square (PLS) or Principle Component Analysis of the results of the two samples, i.e., test sample vs. (PCA). These techniques provide much more certified samples. This is the method that is generally extensive information and variability of parameters, followed for the analysis of Food Products such as which can reveal abnormal trends of behaviour or Honey, Fish, and Meat Products. Over the years, with lack of consistency.The data obtained through these growing advancement in science, the threat of using analyses provide information regarding the safety science for more ill-purposes than for good deeds is of the foodstuffs or whether a particular food item also increasing. Food Forensics is an area of study contains harmful microbes such as Salmonella or their that can be also related to Food Bioterrorism, Food metabolic by‐products, or the presence of chemical Bio-Weapons and Food Poisoning Agents, such as molecules such as pesticide residues, or even the agrochemical food poisoning agents and bioterrorism presence of some other foreign contaminants. agents that can be used to inflict fear in the human population. Verification of Geographical Indication & Origin of Foods: With the increasing cases of food crimes occurring It is important to know the precise information around us, it has become quite necessary to train regarding the origin and specifications of the food more forensic scientists and technicians to deal with products that are introduced in the market. Authorities these cases effectively. It is important to establish have put strict regulations that require full disclosure more Food Research Laboratories that is dedicated to of information not only regarding the ingredients used Food Forensic Investigations to ensure that the Food in the manufacture of the food products but also Products being sold in the market are indeed up to the about the geographical origin and authenticity of all quality as indicated by their labels, and are complying the ingredients used. The identification of the origin of with the quality standards specified by the Regulatory foods is not straightforward. It generally involves the Authorities. In addition to this, these labs must also be identification of specific markers that help differentiate capable and sufficiently equipped to effectively deal food products from one another, which ensures that the with cases such as Food Bioterrorism, which may possibility of getting a false-positive or false-negative involve a threat to the general population of a country. does not arise. It also requires the development of appropriate methods that reveal the exact chemical Author: composition, as well as the isotopic abundance of the elemental composition of that particular food product, other specific chemicals/molecules, spices, or flavours that may form part of the composition of the food products in question.
Targeted Analysis Methods for Food Origin Determination: Karthika Ganesh When a particular Analyte that is to be analysed is Member, Young Law Division (Forensics), Legal predefined and known before conducting the analysis, Desire Media and Insights
LEGAL DESIRE FORENSIC REPORTER JANUARY 2021 30 FORENSIC SCIENCE IN cOURT OF lAW summary of judgments delivered by court of law where forensics assisted in justice delivery learn ABOUT applicability & admissibility of forensic evidence JUDGMENTS Fire and Arson Cases
Harpal Singh vs The State Of Madhya Pradesh Sajid vs Sate of U.P and 3 Ors. Criminal Appeal No- 2656-2015 Habeas Corpus Writ Petition No- 64767 of 2014 Madhya Pradesh High Court Allahabad High Court BENCH: Sushil Kumar Palo Judge BENCH: Hon’ble Mr.Bala Krishna Narayana J. DATE OF JUDGEMENT: 29th Nov 2016 Hon’ble Mr.Vijay Lakshmi J. RELEVANT SECTION: DATE OF JUDGEMENT: 28th July 2015 Section 306 IPC ( Abetment of Suicide) RELEVANT SECTION: Section 326 -A IPC (Voluntarily causing grievous BACK STORY hurt by use of acid, etc.) On 14.02.2015 Abhilasha Singh (deceased) wife Section 120 -B IPC (Punishment of Criminal of Dashrath Singh set herself on fire. She was Conspiracy) admitted to the hospital where her dying declaration was recorded by Tehsildar of Jabalpur (M.P) on BACK STORY 17.02.2015. It was claimed that Harpal Singh On 17.07.2014, in the crowed and most populated, wanted to have sexual favour from the deceased two boys were on a motorcycle and threw acid on a and petitioner Gajendra Singh (cousin of husband girl named Priya Sharma. The acid causes severe Dashrath Singh) was supporting the Harpal Singh. burn injuries on her face, eyes, neck, and shoulder. It was also claimed that the deceased committed Police reached the spot where hundreds of people suicide because of the harassment and cruelty shown were gathered. Due to this incident, there was a sense by the petitioners. Her husband was suspicious of of fear and terror prevailed in the entire locality. The her character. Therefore, she committed suicide. public shouts and demands culprit should be caught During treatment, Abhilasha Singh died due to as soon as possible. The victim was immediately burn injuries. The police station Sleemnabad filed taken to the nearby hospital i.e. Varun Trauma charge-sheet u/s 306 of IPC against the petitioners Hospital, Vishnupuri. The FIR was lodged by the and the husband of the deceased. On the behalf maternal uncle of the victim( Anil Kumar) against of petitioners, it was claimed that in her dying two unknown persons which was registered under declaration she had not mentioned any abetment Section 326-A, 120 B of IPC and 7 Criminal law to commit suicide because of them. Therefore, no Amendment Act was also added. On 18.07.2014, offence is made out against the petitioners u/s 306 of when the victim regained consciousness, her IPC. The petition was filed against the order passed statement was recorded. She stated that she used by 1st ASJ, Katni (M.P.) on 23.09.2015, where the to work in the ‘ Swadeshi Cloth store’ in which accused was punishable under Section 306 of IPC. two boys(Sajid (petitioner) and Neeraj) were also working in the same store. From the two boys, Sajid POSTMORTEM REPORT was a one-sided lover and constantly harassing After the death of the deceased, the body was sent her. As she refused him, he gave him threats that for the postmortem. On 19.02.2015 postmortem he will throw acid on her. Out of fear she won’t be report revealed that the cause of death was Toxemia able to inform her family members about Sajid and due to antemortem infections of 100% burn injuries. Neeraj. She left the job of the ‘ Swadeshi Cloth store’ and started working at a new store namely JUDGEMENT ‘Chhabra Cloth store’. But this will not end here. Based on evidence collected by the prosecution, Sajid did not spare him and continued to threats her. the court framed no charges against the petitioners On 17.07.2014 at 8:30 when she was returning from under Section 306 of IPC. the shop. Both boys were on the motorcycle, Neeraj
LEGAL DESIRE FORENSIC REPORTER JANUARY 2021 32 was driving the motorcycle and Sajid was sitting of the deceased but doctor refused them from taking behind him came over there and Sajid threw acid the statement because the deceased was unfit on her face. Based on the statement of victim police to give any. Meanwhile, the crime team reached started an investigation. On 19.07.2014 at 8.00 the house and inspected the first floor where the P.M. Sajid was arrested and at 11.00 P.M. of the deceased was burnt. 4 Photographs and negatives same day, Neeraj was arrested. Both the accused were taken by HC Sundar Pal. These photographs persons confessed their guilt and both were sent clearly showed that the deceased was lying in the to District Jail, Aligarh. When the relatives of the bedroom of the matrimonial house and the bedsheet petitioner tried to get them released on bail, their was partially burnt. Around 11:15 AM the deceased petition was rejected. On the recommendation of was shifted to the Apollo hospital. Before leaving S.S.P., Aligarh an impugned order was passed i.e. the LNJP hospital, the nurse handed over the burnt detaining the petitioner under the ‘act’ for one year. clothes of the deceased to ASI Om Prakash. Around The petitioner had challenged the order and set the 4 PM Yogesh Pratap recorded the statement of petition before the State Government and Central deceased in which she said that she was sleeping Government. and her in-laws poured kerosene on her and burned The writ petition was filed against the order passed her with a candle. She also stated that her in-laws by the District Magistrate Hon’ble Mrs Vijay Lakshmi, were responsible for her situation. ASI Om Prakash Aligarh on 26.08.2014. in support of the deceased took the statement to the police station for registering an FIR where JUDGEMENT HC Rakesh Kumar registered FIR against Anand Due to devoid of merit, the petition was dismissed. Sharma(husband of the deceased), Om-Prakash ( Father-in-law of the deceased), Shakuntla(mother- in-law) and Geeta (sister- in law of the deceased). Anand Sharma Vs State NCT Of Delhi During the investigation, a plastic bottle having the Criminal Appeal No- 937/2012 smell of kerosene oil, some pieces of burnt cloth, Delhi High Court and a matchbox were found. These articles were BENCH: Hon’ble Mr. Pradeep Nandrajog Judge, seized in the presence of HC Gulzar Singh and Hon’ble Mr.Mukta Gupta Judge Ct. Satyavrat. On 4 Aug 2006 SI Samarpal took DATE OF JUDGEMENT: 29th Oct 2014 the investigation of this case. While interrogating RELEVANT SECTION: Anand Sharma, a bedsheet, pillow, and blanket Section 304B IPC (Dowry Death) were recovered by SI Smarapal from a room on the ground floor. On 16, Aug 2006, around 9:35 BACK STORY the deceased died. Dr Kuldeep Singh prepared the On 3 Aug 2006, around 2:57 AM Anand Sharma death summary of the deceased. The statement of made a call to the police and informed that her wife deceased father, mother, brother, and uncle were (Shruti Shamra) has suffered burn injuries at their recorded under section 161 CrPC in which they matrimonial House No. 47, Bhagwan Park, Main said deceased in-laws treated her very badly and Road Jharoda. The information was recorded in always demanded dowry. At trial, the prosecution Timar Pur Police station. A PCR Van S-67 which examined 29 witnesses. was already present near the house also picked up the wireless message and proceed towards the The present appeal was filed by appellant Anand house where HC Kailash Yadav in-charge of PCR against the conviction and judgment passed by found that the deceased was in a burnt condition so Trial Judge on 18.05.2012 where the appellant was the deceased was moved to the LNJP hospital. The convicted for the offence punishable under Section deceased was admitted to the hospital at around 3: 304-B IPC and gave him rigorous imprisonment of 45 AM where Dr. Deepak examined the deceased life. Deceased mother-in-law (Shakuntla) and sister- and prepared her MLC report. ASI Om Pal Singh in-law (Geeta) died during the pendency of trial and collected the MLC report and called Yogesh Pratap appeal. Deceased father-in-law (Om-Prakash) was (sub-divisional magistrate) to record the statement acquitted by the Trail judge. POST-MORTEM REPORT Police Chowki Gurdev Palace, Kanpur was married On 17 Aug 2006, the post mortem of the deceased to the deceased Urmila Devi and was blessed was conducted by Dr Ashok Jeshwal PW-4 in Subzi with three daughters and a son. The accused had Mandi Mortuary. It was found that 70% of the body developed illicit relationships with two other women of the deceased was burned and the death of the namely, Shashi of Kanpur and Rani of Bharthana. deceased was due to septicemic shock which was As a result of which differences occurred in consequent to burn injuries. After the post mortem, their family. Deduction of Half salary from the the scalp hair of the deceased was handed over to department and illicit relationship, the accused the SI Samarpal. determined to cause the death of his wife and all four children. He took his wife and his children in FORENSIC REPORT Maruti Van for the shopping of marriage of one of On 29 Sept 2006, the seized articles or exhibits his daughters. At the time of return when the sun were sent to the Delhi FSL. But these exhibits had set, The accused and the driver stopped the were returned from Delhi FSL because they did not car 25-30 meters ahead of Udharanpur bridge have the facility of testing of hydrocarbons. Then on Jahanganj road and came out of the van after these exhibits were sent to Hyderabad FSL on locking the doors. They sprinkled Petrol all over 15 Oct 2006, where these couldn’t be examined. the van and set ablaze. Thereafter, the accused Finally, these exhibits were sent to Gujarat FSL and the driver tried to push the van in the pit so on 13, Jan 2007.After examination, it was opined that they couldn’t escape. But inspector of police that the hydrocarbon of kerosene was detected in station Chhibramau with his police constables the plastic bottle which was seized from the room arrived there luckily. They broke the window of the where the deceased was found in a burnt situation. van got out the victims and admitted them to Lohia There were traces of kerosene on the cloths of the hospital, Farrukhabad. Police registered FIR. deceased that were wore at the time of burning, After FIR registration the Sub –Inspector Pramod the burnt pieces of the clothes were found in the Kumar Katiyar along with constables reached the room; the bedsheet, pillow, blanket which were spot and prepared the site plan .Then he went seized from the room of the accused and the scalp to Lohia hospital and recorded the statements hair of deceased were detected. of all the victims. Anil Kumar Katiyar (Tehsildar) recorded the dying declaration of all the victims JUDGEMENT but due to injury Urmila Devi (wife), Mamta, and The accused Anand Sharma (husband of the Pooja(daughters) died. During prosecution, 15 deceased) was found guilty of dowry death thus witnesses were examined. But the accused died he was punished under section 304B of IPC by the all the allegations. The present appeal was filed court and gave him rigorous imprisonment of life. against the judgment passed by the High Court of Allahabad on 16.02.2010 where the appellant Amar Singh Yadav vs State Of U.P was convicted for the offence punishable under Criminal Appeal No- 1942 of 2009 Section 302, 307, and 436 IPC and sentence him Supreme Court of India the death sentence. BENCH: Hon’ble Mr.Sudhansu Jyoti Mukhopadhaya J. JUDGEMENT Hon’ble Mr. Dipak Misra J. The accused was convicted for the offence and DATE OF JUDGEMENT: 1 July 2014 he was sentenced him 30 years of imprisonment RELEVANT SECTION: without remissions. Section 302 IPC (Punishment of murder) Section 307 IPC (Attempt to murder) Section 436 IPC (Mischief by fire or explosive Author: substance with intent to destroy a house, etc.) Ritu BACK STORY Intern, Dept. of Forensics & Criminal Investigation, Accused Amar Singh was a police constable in Legal Desire
LEGAL DESIRE FORENSIC REPORTER JANUARY 2021 34 UPCOMING EVENTS
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