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Ashish Jain vs. Makrand Singh & Ors.- (SC)

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Identification of Prisoners Act, 1920–Sec. 4–Fingerprints samples of accused were obtained without a Magisterial order–Though a police officer is competent to take measurements of the accused, but to dispel doubts as to it’s bonafides and to rule out fabrication of evidence, it is eminently desirable that they were taken before or under the order of Magistrate–Certain suspicious circumstances in the instant case–Attesting witnesses were not the independent witnesses and they were relatives of deceased–High Court rightly discarded the fingerprint evidence.