The Supreme Court has said psychological evaluations including polygraph and brain mapping test of a suspect is certainly a material piece of evidence, though it may not only be sufficient to hold one guilty in a case.
A bench of Justices Abhay S Oka and Rajesh Bindal allowed an appeal against the Bombay High Court's order, which disregarded these tests and other materials and discharged the accused in a blind murder case based on circumstantial evidence.
The court set aside a Bombay High Court's order discharging a couple -- Hussain Mohammed Shattaf and his wife Waheeda Hussain Shattaf -- and others in a case of murder of Manmohan Singh Sukhdev Singh Virdi, a resident of Virdi’s Bungalow, Thombarewadi, Lonawala on May 14, 2006.
The court pointed out in the case, psychological evaluation including psychological profiling, polygraph testing and BEOS of Hussain and close aides namely Ahok Gajraj Chaudhary, Mehboob Dastagir Sheikh, Baliram Chidhu Khade and Mohan Vijayamma Shridharan were conducted.
The report showed the involvement of Hussain in the murder of Manmohan Singh. His psychological profiling also pointed out towards him being an anti social personality with tendency to go against the social norms, the court added.
The bench also said the opinion regarding four other persons showed that there was deceit in responding to question about knowledge of killing of deceased.
However, "The High Court had summed up the entire evidence in two paras without even referring to the psychological evaluation including psychological profiling, polygraph testing and brain electrical oscillations signature profiling (BEOS) tests of the accused and the other aides of Hussain and ordered discharge," the bench said.
"Though Psychological Evaluation test report only may not be sufficient to convict an accused but certainly a material piece of evidence. Despite this material on record, the High Court could not have opined that the case was not made out even for framing of charge, for which only prima facie case is to be seen," the bench added.
The bench found the High Court has not even referred to the evidence collected and produced alongwith chargesheet in its entirety, in a total non-application of mind.
"The High Court had exercised the jurisdiction in a manner which is not vested in it to scuttle the trial of a heinous crime," the bench said.
According to the police, during Hussain's stay in Dubai for business, his wife Waheeda came in contact with the deceased and developed friendship. They started meeting each other, soon thereafter their friendship turned into physical relationship. When Hussain returned from Dubai, he came to know about it. To take a revenge, he, in connivance with the wife and one Zaanish Khan, conspired to kill the deceased through unknown assailants.