There is no bar on an investigating agency employing technical tools to conduct further investigation, a Delhi court noted while rejecting the bail application of a Delhi riots accused, arrested after being "digitally identified" by the police.
Mohammed Arif is facing charges of attempt to murder, rioting, conspiracy and under various other sections of the Indian Penal Code, and the Arms Act, in a case being probed by the Delhi Police's Crime Branch.
Additional Sessions Judge Vinod Yadav denied bail to him, observing that the charges against him are serious in nature and that there is a possibility of him threatening or intimidating the witnesses.
During the course of proceedings, the special public prosecutor submitted that the digital identification of the applicant has been made at the scene of crime.
Counsel for the accused, however, took a strong exception to the digital identification on the ground that it is impermissible in law after the filing of a charge sheet.
The special public prosecutor emphasised that no new material has been added in the matter, but with the use of technology only, the process of identification has been changed.
To this, the court noted: "In my prima facie view, there is no bar in investigating agencies employing technical tools to conduct further investigation. "
The court further noted that the accused is clearly visible in CCTV footage in Chand Bagh at 12. 06.
35 hours on February 24, while wearing white shirt and black lower, carrying a stick in his hands and is also seen damaging the CCTV camera.
"The photographs of the applicant have also been captured by video footage.
He has been categorically identified by Constable Sunil, vide his statement, and also identified by Constable Gyan.
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