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Crime Scene Management

Chapter 4 discusses the management of crime scenes, emphasizing their importance in investigations and the various types, including outdoor, indoor, and conveyance crime scenes. It outlines the roles of first responders, the significance of primary and secondary crime scenes, and the procedures for evidence collection and preservation. The chapter also highlights the challenges faced in managing crime scenes and the need for effective coordination among responders to ensure the integrity of the evidence.

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0% found this document useful (0 votes)
14 views47 pages

Crime Scene Management

Chapter 4 discusses the management of crime scenes, emphasizing their importance in investigations and the various types, including outdoor, indoor, and conveyance crime scenes. It outlines the roles of first responders, the significance of primary and secondary crime scenes, and the procedures for evidence collection and preservation. The chapter also highlights the challenges faced in managing crime scenes and the need for effective coordination among responders to ensure the integrity of the evidence.

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Anmol Zehra
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CHAPTER 4: CRIME SCENE MANAGEMENT 1. The Crime Scene and its Importance.. 2. Types of Crime Scenes, |. Outdoor Crime Scene. li, Indoor Crime Scene. ii, Conveyance Crime Scene. 3. Primary & Secondary Crimes Scenes and the Disposal Site i. Primary Crime Scenes ii. Secondary Crime Scenes. li, Disposal site 4, The Boundaries of Crime Scenes. 1. Single Crime Scenes: li, Single Large-scale Crime Scenes: ii, Multiple Crime Scene. 5. Arrival & Management of the Crime Scene. |. Arrival at the Crime Sc2N@ wnsnsnsnnmnnninnnnnnnnennn ii. First Responding Officer at the Crime Scene. 7 ii, Other Fist Responders 27 Iv, Management and Coordination of First Responders... a 28 v. General Phases of Crime Scene Management... nnn 28 vi Managing Terrorist Attacks and other Dangerous Crime Scenes 29 Stage 1 ~ Protection of the Crime Scene . . rene 30 Initial Assessment. 30 Ascertaining the Perimeter and Establishing Cordons... 30 Inner Layer/Cordon: 3 Outer Layer/Cordon: 31 Traffic Layer/Cordon: 31 Establishing a Path for Paramedics Stage 2 ~ Safety Clearance 6. Injured and Deceased Victims at the Crime Scene. |. Injured Persons. li, Deceased Victims found at the Crime Scene. Inquest Report Post-mortem Examination... 7. Vietim and Witness Statements.. 8, Finding Physical Evidence at the Crime Scene. i. Types of Evidence at the Crime Scene and the Significance of Evidence Collection ... 37 ii, Searching for and Identifying Physical Evidence at the Crime Scene o 37 a. Strip or Lane Search Method: 37 b. Grid Search Method: 38 Zone or Sector Search Method: 38 Spiral or Circular Search 39 fe. Clockwise ~ Counter-Clockwise Search Method: 39 8. Collecting Physical Evidence from the Crime Scene .. |. Investigation kit li, Collection and Preservation of Fingerprints Types of Fingerprints aa Patent Fingerprints 41 Latent Fingerprints a Plastic Fingerprints 42 Procedures for Processing, Developing, Lifting and Labeling Fingerprints .u..nnninnnsnmnneninsninn 82 Collection Guidelines for Patent Fingerprints: 42 Collection Guidelines for Latent Fingerprints. . . . nnn li, Documents at the Crime Scene 44 ‘Appropriate Measures to be taken by the Investigation Team in the collection and preservation of documents 44 Practices to Avoid in relation to Documents at the Crime Scene surunnsnnnnnns « se 5 iv, Digital Evidence at the Crime Scene 46 Cellular DEVICES swnssesisnmineninnniniinmnnnininiminnninninnnniminnennnnnnnnennnnne 5 2, Mobile Phones/Handheld devices. 47 b. Subscriber Identity Module (SIM)... os nnn snc 97 Computers and other Storage Devices. . . sernne AB 4. Collecting, Packaging, Storage, and Transport of Digital Evidence 49 v. DNA sninininnnnininnnninnininnininininnnnnnnnnnnnennnnnnnnnnnnennses SL DNA Use and Value. ns ns 51 Factors relating to collecting DNA Evidence: snnnineninnnininnienninnenninannnnennannnenes SD Referred Agency 52 Further instructions: ssninininnnnnninnnnininiinnnnininnnnnnennnnanniennnnnnse BS vi, Bloodstain Pattern Analysis (BPA) 53 Collection of evidence from Bloodstains. 54 vil. Explosives/Explosive Residues and IEDs 55 What are Explosives, IEDs and Explosive Residue? 55 chain of Custody and Collection of Explosive Evidence. villi, Ballistics Cartridges and their components 10. Chain of Custody. 111. Case Law concerning Collection of Evidence from the Crime Scene |. Muhammad Ayoob vs. the State li, Sher Rehman vs. State. ii, Ghulam Mustafa Alias Baggi vs. State. 12, Site Plan and Its Purpose |. What should be included in the Site Plan?. ii, Value in investigation and Court Proceedings. 13. Use of Photography and Video to supplement the Site Plan and the Investigation... i. How to Photograph the Crime Scene?. li, Evidentiary Value of Photographs during the trial Rashid Minhas v. Muhammad Fayyaz... 14. Documentation relating to the Crime Scene 23 ‘THE CRIME SCENE AND CRIME SCENE MANAGEMENT 1. THE CRIME SCENE AND ITS IMPORTANCE The crime scene is the location or place where the offence has occurred. Although there is no definitive legalistic definition, any location(s) associated with the crime which contain relevant evidence may also be called the crime scene. A crime scene is a location anywhere that may provide potential evidence to an investigator. It may include a person's body, any type of building, vehicles, and places in the open air or objects found at those locations. Crime scene examination therefore refers to an examination where in addition to tradition investigative techniques, forensic or scientific techniques are also used to preserve and gather physical evidence of a crime.** The nature, circumstances and surroundings of every offence are different and so too i its aftermath and the consequential situation which makes up the crime scene. This obviously suggests that the crime scene is never always the same, as every situation may vary according to the circumstances. With the varying crime scenes and adapt to and improvise an appropriate approach that suits each situation at hand immediately. The approach and methodology of controlling the scene must be molded accordingly and should be decided quickly to minimize damage to evidence, expedite its collection and preservation, consequences, the Investigation Officers (IOs) that are responsible for the management of the scene have Within an investigation, evidence obtained from a crime scene can be useful fora variety of purposes including, inter alia: 1. Determining how the offence took place Determining why the offence took place Linking people and objects to and from the crime scene 2. 3 4. Corroborating/negating witness and suspect accounts. 5. Identifying suspects or witnesses 6 Providing further leads for investigation 2. ‘TYPES OF CRIME SCENES Crimes scenes can be of various types and itis useful to understand the various issues that may arise as a result of the unique features of each: i. Outdoor Crime Scene A crime scene that is located outdoors is most common in terrorist incidents, and also Is the most susceptible to contamination and damage in the shortest of times. If the area has not been preserved or cordoned off as per the set procedures, individuals can easily tamper with extremely crucial evidence as the scene is most vulnerable. When it comes to outdoor erime scenes, the time of day, temperature, and lighting also has an influence on the way the crime scene is managed. The environmental conditions such as heat, cold, snow or rain can damage the evidence present at the scene and demands more swift preservation. The outdoor scenes are best observed in broad daylight and this may create problems when it comes to night-time outdoor crime scenes. Some crime scenes consist of a combination of outdoor and indoor scenes. In such cases, the outdoor scene must be catered to first with priority, in terms of cordoning off, preservation and evidence collection. " UNODC-Toolkt te Combat Trafckingin Persons, Chapter: Law Enforcement ané Prosecution (Tool 19) pg. 293 (titos mwa node one/documentshuman-trafficting/T ToolktO@ Enish pt 24 li, Indoor Crime Scene ‘The indoor crime scene can be said to be less vulnerable to loss due to the environment than an outdoor crime scene, although that doesn’t make it safe from any contamination, The primary focus in such situations is to minimize access to the scene as much as possible. With indoor crime scenes itis easier to keep away individuals that may tamper with the evidence. The access to the scene must be limited and reference samples of relevant evidence should be collected in a systematic manner and shared by the parties. li, Conveyance Crime Scene ‘The term conveyance refers to a means of transportation. The kinds of crimes committed in a conveyance can be a vehicle burglary, grand theft, car theft, etc, Cars, trucks or other forms of transportation can also be termed as a crime scene. These most commonly are the secondary crime scene and act as an extension ‘to the original scene of the crime. The suspects of a crime may have left behind helpful evidence to the main attack, In some cases, the entire vehicle could be taken inte the laboratory by the experts for examination as well 3, PRIMARY & SECONDARY CRIMES SCENES AND THE DISPOSAL SITE The crime scene has been further divided into three main categories; the primary scene, the secondary scene and disposal sites. PRIMARY CRIME SCENES The primary crime scene is the location where the offender(s) engages in the majority of their attack or assault upon their victim or victims. The primary scene, as the name suggests, is most commonly the source for the most valuable evidence t the case. This location tends to have the mast direct evidence to document the attack or assault, helps in determining what type of weapon was used, how the perpetrators approached the victims, what their strategy was, what their aim was. This location is also extremely vital as it possesses critical evidence concerning the victims, whether injured or killed. Iti at this location that witnesses to the event will be found From a management perspective knowledge of the type of evidence that i likely to be found at the primary scene is. important. Secondly, an IO managing a crime scene must also be aware that the primary crime scene is where there is likely to be the most chaos. For example, the immediate aftermath of a terrorist attack is gruesome, survivors are in a state of shock, witnesses too will be recovering from the attack that just took place. Managing such a situation in a calm and collected manner isa difficult task but one that can lead to immense benefits in relation to investigation and subsequent tral of the accused Il, SECONDARY CRIME SCENES While the primary crimes scene often takes the highest precedence amongst investigators, secondary erimes scenes can be equally important. The secondary crime scene would be any location where there may be evidence of criminal activity outside the primary scene. This could include the home of the perpetrator, the vehicle he used to get to the scene of the crime, a Public Call Office, a bomb making workshop, etc. The reason such crimes scenes can occasionally be of greater value than the primary scene is that they can give the investigator more direct evidence of the perpetrators int. stage and should not be overlooked. The secondary crime scene can also confirm or deny lines of investigation. A links, ideology, plans, future plans, ete. This evidence can help ensure a conviction at the trial 25 search of a suspect's house which reveals nothing suspicious or confirms the suspect's alibi can help rule out that suspect and allow the IO to focus his attention on the next lead II DISPOSAL SITE The term ‘disposal site’ refers to the place where a body is found i.e. where the suspect disposed of the body after killing the victim. This location can often be the same as the primary scene. However, in cases where the suspect wishes to conceal the killing, the body is usually moved to different location (the disposal site)” Disposal sites can offer their own unique challenges; firstly, the location of the body has deliberately been concealed to prevent anyone from knowing. Concealment techniques could include burial or damaging the body so it cannot be recognized. Here the 10 managing the scene must be aware of potential hazards which could affect the body of the victim and any evidence which could be obtained from it. Its important for the IO to also know the interval between the time of death and when the body is being recovered. The greater the delay the more decomposition the IO should expect and cater for. In the case of a robbery at a bank, the bank would obviously be the primary scene, but the car in which the robber flees and his hideout would be the secondary scenes. In some cases, the secondary scene or disposal site may be the only scene that the investigating officers know of upon intimation of the offence, and its upon further examination that they may find links to the original or primary crime scene which may contain more useful evidence. 4, THE BOUNDARIES OF CRIME SCENES Theoretically, the perimeters of a crime scene may be easy to understand, however when it comes to practical differentiation this may not be as simple. In many cases, there may be a number of crime scenes involved in a case and it becomes difficult to analyze exactly which scene Is primary or secondary for the purposes of the case. With more complex crimes and offences, the evidence and relevant information can be spread out to multiple locations. Hence those inspecting and investigating must also make sure that secondary crime scenes are also well-examined. Most of the time, the evidence collected at the primary scene indicates towards other locations that may be relevant to the case. It is therefore useful to note that crimes scenes can be: 1. Single Crime Scenes: In which all ofthe evidence is available at a single location e.g. the location of a murder where the suspect is still present and arrested from. This single location would also be the Primary Crime Scene and could be both indoor, outdoor, or ina vehicle (i.e. conveyance crime scene) Ti, Single Large-scale Crime Scenes: Singe Large-scale Crime Scenes are those in which a single criminal act has occurred. The nature of the act is such that it has covered a large area e.g. a single bomb blast has occurred which has potentially spread evidence across a large area. These are usually outdoor crime scenes but can also occur indoors e.g. a gun attack by several attackers in a multi-floor building, where the attackers kil or wound persons on different floors. This example can also be known as a Compound Crime Scene which has several connected but independent crimes scenes. Each floor or location would be a primary crime scene where important evidence may be found. Ii, Multiple Crime Scene: 2 Turvey, 8 (2002). Crinalprfiing: An Inraductlon to Genavira Evidence Anas. Oxford: Academic Pre. 26 Where several linked offences have taken place e.g, multiple bomb-blasts or armed attacks taking place by the same terrorist group in different locations of a city. Each location would be a primary crime scene and could be indoor, outdoor, or in a vehicle. The house or other location where the terrorist group planned or prepared for these attacks would be the secondary crime scene and may also furnish important evidence for investigation purposes. 5. ARRIVAL & MANAGEMENT OF THE CRIME SCENE. [ARRIVAL AT THE CRIME SCENE ‘Once an FIR has been registered for a cognizable offence or a Magistrate has ordered an investigation for @ non- cognizable offence’, its the duty of the officer in charge of the Police Station or an officer deputed by him/her “to proceed in person... to the spot, to investigate the facts and circumstances of the case, and if necessary, to take measures for the discovery and arrest of the offender.” Police Rule 25.10 also reiterates this point and further notes: 25.10. Immediate dispatch of an officer to the spot. — When a report of a cognizable case is recorded. a police officer shall proceed to the scene immediately. Here the terms “spot” and ‘scene’ are used interchangeable but refer to the crime scene. ‘Once the 10 arrives at the crime scene, he/she is to assume both a managerial role as well as an investigatory role. ‘As a Manager of the Crime Scene he/she is to be formally handed over the crime scene by the police officer who may have first arrived there (first responding police officer) Il, _ FIRST RESPONDING OFFICER AT THE CRIME SCENE The first responding officer, it he/she is not competent to complete the investigation, shall take all possible steps to preserve the scene of the crime from disturbance, to record particulars of and secure the presence of potential witnesses, obtain information relating to the case and arrest the culprit.2° The first responding officer is also to ‘the designated 10 upon his/her arrival. This will include sharing all information and documentation that the first responding officer has been able to obtain and record until then, handover the crime sceni IIL. OTHER FIRST RESPONDERS Following a crime, and depending on its nature, location and time the people present on the location shall vary and so shall the response strategy. Its quite possible that before the IO arrives other persons arrive as first responders to the crime scene, this may include: ‘© General Public, Bystanders, Relatives of Victims, etc ‘© Rescue 1122, Private Ambulance Services and the Fire Brigade © Traffic Police ‘+ Miltary Police, Intelligence Agencies and other LEAS © Electronic and Print Media sec. 1559 ec. 15712) C-P. Police ule 25.10 a IV, MANAGEMENT AND COORDINATION OF FIRST RESPONDERS In many cases members of the public will try to offer help or may simply be curious. In cases of injury or death of a person, healthcare professionals such as ambulance personnel and paramedics may arrive. In some cases, especially arson or other offences involving fires or destruction, the Fire Brigade may arrive before the Police, Nearby traffic wardens may also arrive. In offences near military cantonments or other such installations, members of the Miltary Police may be present. In cases of terrorism especially, members of inteligence agencies or other Law Enforcement ‘Agencies may arrive before the IO. Finally, the media can receive reports as quickly as the police may and arrive earlier or at the same time as the 10. Its critical that all these persons are managed effectively by the IO. While preserving the evidence at a crime scene always remains the priority of the IO as it relates to his/her primary objective — investigating the offence, there may be situations where the IO has to first ensure safety at the crime scene {from secondary attacks or explosive devices) or ensure that victims receive medical assistance. Itis therefore important that the officer managing the crime scene always keep in mind: 2. Assisting Victims b. Safety of al Persons (including Police personnel} Preservation of Evidence V. GENERAL PHASES OF CRIME SCENE MANAGEMENT ‘As noted above, each crime is unique and each crime scene will be different requiring its own response from the IO managing it. The following table’ provides general guidelines regarding the various phases of crime scene management for most cases: PHASE FUNCTIONS TO BE PERFORMED Reporting and Activa ‘= Reporting should be followed by immediate action wherein first responders, investigating officers and/or technical services are ispatched, Responding Refers to the actions taken by the first responder who may be a mobile patrol officer, the SHO, the investigation staff or any other quick reaction response team. © Assess the situation + Make arrests if requires ‘= Remove unauthorized personnel from the scene Controlling ‘+ Secure crime scene with physical barriers including crime scene tape to prevent contamination of the crime scene. Table adapted from Barrister Abdul Kralique Shaikh (PSP) and Muhammad Akbar (PSP, OPM, PM} 2024. Paramount Books (Pvt) Ld Karach. p63. 28 ‘> _ Establish a Command Centre for effective liaising with the press and other departments. Handover Where the first responder is a junior officer he is to handover the crime scene to the authorized investigating officer or a senior officer. Subsequently ‘©The first responder must give the 10 any of the documentation relating to the crime that has been committed and brief them about actions that have been taken. Planning Evaluate the crime scene to ascertain further actions that can be taken. ‘© The way and order in which relevant resources are to be used or deployed, ‘= The type of expertise and assistance required at the crime scene (eg. forensic agency, ballistic experts, bomb disposal unit etc.) Investigation and Processing During this phase, the IO commences actual investigation and starts to gather information about the crime and/or the commission ofthe crime. Meanwhile, the crime scene manager continues hs duties in tandem and must: ‘© Ensure the crime scene is photographed before itis altered and the physical evidence is in its original position ‘© Coordinate the processing of evidence which entails all evidence to be logged and handled in accordance with relevant SOPs to maintain the chain of custody and to preserve the integrity of evidence. Debriefing © Conducta final survey of the crime scene. ‘© Review all activities that took place. ‘© Determine if all objectives were met ‘= Debrief all personnel involved Restoring + Allequipment used at the crime scene be removed. ‘+ Ensure that photographs have been taken. ‘© All evidence is accounted for and logged into the evidence management system. ‘* Alldocuments have been given to and are in possession of the IO. Releasing © Hand-over the crime scene to the owner or person(s}/entity identified for the handling of the premises. Evaluation ‘+ Make recommendations for improvement for subsequent crime ‘scene investigations/management VI. MANAGING TERRORIST ATTACKS AND OTHER DANGEROUS CRIME SCENES The above general guidelines for crime scene management require modification in cases of terrorist attacks or where there is suspicion that the crime scene may be dangerous or unsafe for any reason. Terrorist groups in Pakistan have 29 been known to undertake secondary or even tertiary attacks at the site of bomb blasts or other attack so as to target, first responders, especially Police or Military personnel. Secondary explosives may be planted or terrorist may lie in ambush to target Security Forces. It is imperative in such situations to modify the crime scene management approach to ensure safety of all persons concerned The following two stages of managing a crime scene are suggested actions to take by responsible officers before regular investigatory work begins in relation to dangerous crime scenes such as those in terrorist attacks: STAGE 1 Protection of the Crime Scene STAGE 2 (including the Safety Clearance evacuation of Casualties) Figure 4 - Stages in Managing a Terrorism related Crime Scene Stage 1 - Protection of the Crime Scene Initiol Assessment Upon arrival at the crime scene the 10 must undertake an immediate initial assessment. This will help him/her determine the type of crime scene iti, whether persons require medical attention, risks of contamination from the public or first responders, where key pieces of evidence are situated. Ascertaining the Perimeter and Establishing Cordons The IO should then ensure that members of the public are prevented from contaminating the crime scene. He/She should first identify the perimeter of the crime scene that needs to be managed. Once this s identified the 10 should establish three layers of cordons with the assistance of other Police officers or members of the public in enforcing the cordons. For instructional purposes, atypical crime scene can be divided into the following: 1. Theinner layer 2. The outer layer 3. The traffic management layer Inner Layer outer Layer (Command Area) Traffic Management layer 30 Taking the example of an outdoor crime scene, as is the case in many terrorist incidents: Inner Layer/Cordon: ‘The inner layer is the core crime scene and contains most of the evidence that must be protected and immediate measures must be taken to do so. For example, if there has been a terrorist attack in a public park, naturally there are a great number of people, potentially families with their children. If there has in area of the park and there are dead bodies lying around, the public must be prevented from moving in and out of that area, He/she has to cordon off the inner layer from all public interference. The area is to be secured from the ‘general public by the responders (ie. including additional police force if needed) and barriers must be set Uup to indicate that entry beyond a certain point is not allowed. been an attack in a ce Outer Layer/Cordon: Once the core area has been secured o, in other words, the inner cordon has been set up, the second ter of barriers must be set up and ths is referred to as the outer cordon/layer. The outer cordon acts as the ‘command area’, where ll the responding officals, ie. police officials, Bomb Disposal Unit (BDU) officials, Forensic experts, etc. may set up their command posts and keep their equipment ‘The outer cordon s also buffer zone between the public and the core crime scene, where only authorized officals may be allowed. The size of the cordon depends largely on the situation and the location. However, the outer cordon must be far enough away from the inner cordon that it doesnot endanger the integrity ofthe valuable evidence at the scene due to the presence of responders, their equipment, or their footprints, etc. tis preferred to have as large an area as possible given the circumstances. This outer cordon must therefore be at a reasonable cistance, Following the public park example as above, if the attack was in the middle of a cricket ground in the public park, the area where the victims were found ‘would be separated as the inner cordon and the boundary of the cricket ground of the park should be separated as the outer cordon, Cordons should be made with the help of crime scene/biohazard tape, which is brightly colored, and indicates that the area beyond the tape isan ative crime scene and may contain hazards for those passing by. Such tape may not always be available and so some other material such as rope or other object may be used to demarcate the cordons. {All the individuals crossing in and out of this area should be required to sign in/out so as to ensure security of the area and to be able to ensure that only authorized personnel are given access tothe crime scene. ‘This also limits contamination ofthe evidence. “Traffic Laver/Cordon: ‘The final cordon is the traffic cordon, which isto be primarily regulated by the responding traffic police. This cordon separates the traffic and other general public from the inner and outer cordons. ‘The traffic police officials are also responsible at this point to create alternate routes for vehicles that are passing by or through the area. Managing this can be difficult depending on the population of the area, its surrounding and of course the timings of the attack. For example, in the case of the public park, it may be near to a school and possibly surrounded by a residential area, which may cause further chaos and hindrances in securing the cordons in a timely and safe manner. Establishing a Path for Paramedics 31 {As soon as possible the 10 should coordinate with healthcare professionals or paramedics to treat and evacuate casualties from the scene. The IO should designate a path that is followed by all healthcare workers which should be strictly followed by them. This will ensure that the least amount of contamination of evidence takes place by these first responders. The path th the best route for first responders to take which can ensure they are able to help the victims, minimize any risk to their safety, and limit contamination of the evidence. SITE OF BOMB BLAST } 2 established should be done after intial assessment of the crime scene to determine Stage 2 Safety Clearance (Once the crime scene has been secured and cordoned off in the prescribed manner and has been evacuated of all casualties the second stage is to make sure that the scene is cleared against any secondary explosive devices. This phase is obviously working in parallel to the first as any terrorist incident requires immediate actions to avoid any further damage. The main responders in this stage include the Bomb Disposal Unit. The Bomb Disposal Units officials are trained to recognize IEDs and their components including switches, cords, timers and circuit boards, as most unexploded IEDS might not even look like bombs and this is @ serious hazard to those in the vicinity of the crime scene. They must be equipped with the requisite personal protection gear (anti-ballistic helmet and bullet proof vest) along with other technical equipment and communication equipment for instant reporting The BDU is expected to frst ofall clear the epicenter of the IED explosion and all those areas suspected to contain any secondary IEDs. The objective at this point isto clear the scene in order to allow the other responding parties to carry out thelr duties freely without any risk to harm. The BDU officials must isolate the unexploded device up to safety distances, observe if any chemical materials have been planted with the unexploded IED and diffuse the unexploded IED by the appropriate procedure. 32 ‘The BDU officals should also at this point document the locations where the exploded materials have been located, The BDU officials are responsible to give a clearance to the other responding parties so they know itis now safe to carry out their duties. In addition, they must retrieve the components of the exploded IEDs and hand it over to forensic experts for forensic opinion and analysis. Lastly, they must debrief the concerned 10 and explosive forensic experts upon arrival as to the precautions they must take and any information that may be relevant to their duties con the scene. 6, _ INJURED AND DECEASED VICTIMS AT THE CRIME SCENE |. INJURED PERSONS When immediate medical assistance is provided to injured victims at the crime scene, the injured victim is to be sent to a medical officer for medico-legal opinion as per Police Rule 25.19. ‘Injury Statement” Form 25.39 of the Police Rules is to accompany the injured party and to be filled in by the concerned Medical officer authorized to undertake such a medical examination of the victim. Form 25.39 is reproduced below: FORM No. 25.39 POLICE DEPARTMENT DISTRICT FORM TO ACCOMPANY BODY OF INJURED PERSON SENT FOR MEDICAL EXAMINATION "Nae cinder page ca eens nd coin oie Satta eppindag. Pole Ofer. (Beant einem flee ced nod ed ae pnt eer ‘re are enero Bef pr and epson ple aguge dicted te med fer nd flowed by is (Gate e easy which he une wer ced (bine ceo nen, psu pot ong eth beet of injec sch, fn neater ce ane fe po seopseet (2 irnecre of dec) weber ay ee seine dca feat and (Sh wher deh pce Bo pe be pote wetumed of eed. ‘The following kinds of hurts only are designated as ‘grievous’ as stated in section 320, ‘Indian Penal Code Fat Emirate ‘Seconay Pemanet raon ofthe ih oestereye ‘Ty Pemanen ran ef he beg of her Fouy Preanoscfasy meters itty Desmctinr pment mpeg ofthe ower of ny meer of oat ssetly Pemane ane fe ends ee ‘eves Frc or dzaion fbn orth Eig ‘Ay hutch endings lec which cass ester abe (ita pce of reay ep nee Day pam rues ‘sow is any es |, DECEASED VICTIMS FOUND AT THE CRIME SCENE 33 ‘As per Police Rule 25.33, the following is to be done by the 10 when a deceased victim's body is found at the erime He shall prevent the destruction of evidence pertaining to the cause of death. He shall prevent crowding round the body and the obliteration of footsteps. He shall prevent unnecessary access to the body until the investigation is concluded. He shall cover up footprints with suitable vessels so long as may be necessary. He shall draw a correct plan of the scene of death including all features necessary to a right understanding ofthe case. 6. If no surgeon or other officer arrives, he shall, together with the other persons conducting the investigation, carefully examine the body and note all abnormal appearance. 7. He shall remove, mark with a seal, and seal up all clothing not adhering to, or required as a covering for, the body, all ornaments and anything which may have caused or been concerned in the death of the deceased and shall make an inventory thereof, In the inventory shall be described the position in which each thing was found and any bloodstain, mark, rent, Injury, or other noticeable fact in connection with such thing. The number and dimensions of such thing. The number and dimensions of such stains, marks, rents, injuries, etc., shal also be given in the Inventory. ‘A counterpart of the mark and seal attached to such thing or to the parcel in which it has been enclosed shall be entered in or attached to the inventory. Such inventory shall form part of the inquest report He shall take the finger prints of the deceased person ifthe bedy is unidentified ‘The photographing of the body in situ and of the scene of the occurrence may prove of great evidential value. Inquest Repor (Once the 10 has examined the body and the scene of the crime, he/she shall draw up an Inquest Report in Form 25.35(1) A, B, or Cas per his/her assessment of the cause of death: Form 25.35(1) A to be used for death from natural causes. Form 25.35(1) B to be used for death by violence. Form 25.35(1) C to be used for death by poisoning. The report is made to state the apparent cause of death as assessed by the IO. The following documents will form part of the Inquest Report in addition to the aforementioned Form: a. The plan of the scene of death b. The inventory of clothing, etc. © Allist ofthe articles on and with the body, ifthe body is sent for medical examination. d. Allis of articles sent for medical examination, if any. A copy of the report shall be entered into Register No. VI (Miscellaneous Register] maintained by the Police Station, The Inquest Report Is to be submitted to the concerned superior officer of Police for onward submission to the concerned Magistrate. Post-mortem Examination In cases of unnatural deaths the Police are to send the body to the nearest authorized medical officer for post mortem examination. As per Police Rule 25.37 the 1O shall fill out Form 25.39(1) (see Form above) after his/her examination of the body and send that for medical examination along with the body. Additionally, the IO will also 34 send any clothing found on the body, foreign matter adhering to the body and any instrument likely to have caused death remaining in the wound or on the body shall be sent with the body. Police Rule 25.37 also mandates that two police officers who have seen the dead body in the position in which t was, first found and are competent to detect any attempt at substitution or tampering shall hand over the body to the medical officer conducting the post-mortem examination. Form 25.35(1) Bis reproduced below: 35 FORM No. 25.35(1)(B) DEATH REPORT -- UNNATURAL DEATH BY VIOLENCE DEATH REPORT No. POLICE STATION Dated 1, Name of place where the death occurred or where body was found (state which) 2. Distance and direction from police station in whose juriediction iti. 3. Date and hour of discovery of the dest, 44, Names, parentage and residence of two or more person: who identify the body as that of the deceased persod named inthe seport aa (Note. Relations of the deceased or two respectable witestes to identification showld be ‘Sbiained sf possible) 5. Name, parentage, caste, residence and condition in life ofthe deceased. 6, Ageand sex 7. Condition of the clothes, omaments, & c., and marks of ether having been forcibly removed or ofbeug stained with blood or oiber matter (Note If the Creal ESIRgE Metical Oftcer i expected o end to examine the ‘Soa hte information “boul be filled into fr az can be seen snd witha oul ‘removing any clothes, and im ich cave it should be completed after be hae Sn ‘Seamination ofthe Body) {8 Position of the limbs, eyes and mouth 9, Expression ofthe countenance 10, Injuries or marks of violence the body may have received, Wounds and bases. - Show position, length and breadth. (Note. -Not depth. Be careful nor 0 probe wound: ie Surgeon or ther Medeal Ofte be expected tated to gcamin the body, us 11. Blood, liquid or clotted ? Where oozed ffom and to what amount? 12, Inwhat manner or by what weapon orinstument such maths ofinjuries or of violence ‘sppear to have been comated ? 13, Was there any rope or other article round the neck, or any mark of ligature on the neck ? 14, Had mach rope or aricle been used to produce: tthe body haabeen tit ‘probably have supported the mee Tnwhat mode was the either end of the rope attached to the support ? 15. Where there any foreign matters, such as weeds, strane Sec, inthe hair or clenched in the [bands of the dncensnd. o stached to any part of the body? 16. Ie the body well nourished and vigorous or emaciated and feeble? 17. Ieitstout, thin, or decomposed ? 18, Height by measuring from head to feet. 419, Distinguishing marks -Posttion and appearance of moles, sears, & € 20. Apparent cause of death. FTobe | 21, Are there any circumstances or rumours tending to show that Jmaic, | deceased killed himself separate { 22. Description of each article found on body (tobe labelled and sealed) }sbeets°f | 23. Description of each article found near body (to be labelled and sealed), | 24, Sketch plan of the place where body was found. 25. Sige of toot wpe reazetbte nabs romat tivetigstion mad of pl ee yee peel ae z VICTIM AND WITNESS STATEMENTS, 36 (One of the most important duties of an 10 arriving at the Crime Scene is identifying witnesses and taking their statements. Witnesses can be anyone who has observed the occurrence of the offence or some other related fact. ‘Statements by victims and witnesses are crucial to investigations and itis, therefore, vital that the IO clearly identifies relevant witnesses and documents their statements. For a detailed discussion on this subject please see Chapter 9 on Witnesses and Witness Statements. 8, _ FINDING PHYSICAL EVIDENCE AT THE CRIME SCENE TYPES OF EVIDENCE AT THE CRIME SCENE AND THE SIGNIFICANCE OF EVIDENCE COLLECTION oBsects BODY MATERIALS IMPRESSIONS: ‘Weapons Blood Fingerprints Tools Semen Tire tracks Firearms Hair Footprints Displaced furniture Tissue Palm prints Notes, letters or papers Spittle Tool marks Bullets Urine Bullet holes Vehicles Feces Newly damaged areas Cigarette/cigar butts| Vomit Dents and breaks Il, SEARCHING FOR AND IDENTIFYING PHYSICAL EVIDENCE AT THE CRIME SCENE 10's must carefully examine each crime scene for physical evidence which may have some bearing on the investigation and ultimately the trial of the accused. The aforementioned types of physical evidence are not exhaustive and the IO must be careful to ensure that he/she assesses all potential pieces of evidence and rules out only those which would not have a bearing on the case. Some pieces of evidence may be hidden from plain sight and therefore 10's are recommended to undertake a thorough search of the crime scene to locate valuable evidence. It is vitally important to conduct the search carefully as important evidence could be damaged if caution is nt adopted The following are some methods of search” which may be adopted in different cases based on the available persons and resources: 2. Strip or Lane Search Method: ‘This method is used for covering large or open areas. Persons conducting the search will ine up shoulder to shoulder or at an arm’s distance from each other and move across the crime scene in straight lines at the same time. Once apiece of evidence is found, the concerned person wil call the IO and inform him/her of the discovery for collection. This method isillustrated here. Methods of Seaten of Crime Seene adapted om Sarister Abdul Khalque Shaikh PSP] and Muhammad Akbar (SP, GPM, PPM) 2036, ‘Sasi Investigation Handbook Paramount Books (Pv td Karachi pa 63:66. 37 Distance: Arm's b. Grid Search Method: ‘A Grid Search is a more thorough version of the Strip or Lane Search. Once the search team conducts the search on one axis e.g. North-South, they will then do another sweep of the area on a different axis e.g East-West as illustrated below: GRID SEARCH METHOD Search on Axis 1: North-South Search on Axis 2: East-West ©. Zone or Sector Search Method: 38 ‘The Crime Scene is divided into zones or sectors, Each person involved in the search is assigned a sector ‘or zone to search. The zones can then be searched by other officers to ensure a thorough search. t t Zone 1 _~ assigned to Zone 4 Officer 2" assigned to officer ‘W" t 1 e Zone 2 = assigned to Officer Zone 3 assigned to officer x’ d. Spiral or Circular Search ‘This method is primarily used for outdoor crime scenes and involves the IO going from the outside of the perimeter of the crime scene inwards towards the center ina circular path. This is ilustrated below: Start Point End Point ©. Clockwise ~ Counter-Clockwise Search Method: 39 ‘This method is primarily used for indoor searches. it requires that two officers conduct the search together. ‘The first officer moves in a clockwise direction around the crime scene searching for evidence above waist height and to the ceiling, The second officer would search counter-clockwise for evidence below waist height and to the floor. Once the officers pass each other, they will reverse roles and repeat the process. Wheel Search Method ‘This method is used at the crime scene when an investigator needs to search deeply and thoroughly. This method is very effective for blast or exploded crime scenes where hundreds of things are shattered into pieces. An Investigator needs to establish a focal point with close cordon then develop many zones in the surrounding area with an outer cordon in wheel shape, 9. COLLECTING PHYSICAL EVIDENCE FROM THE CRIME SCENE (Once physical evidence is identified, tis the duty of the IO to collect itn the proper way to ensure it can be analysed by the concerned agency or expert. In some cases specialist Crime Scene Units are brought into collect the evidence. These Units are specially trained and equippes to collect, package, label, and transport physical evidence from the crime scene. However, such specialists may not always be available and not all cases will require their involvement, Itis, therefore, necessary that the IO has a strong understanding of how to collect, package, label, store, and transport physical evidence from the crime scene. 40 INVESTIGATION KIT [As per Police Rule 25.58, 10s are to be provided with an investigation kit which should consist ofthe following: 1. One bottle of grey powder. One bottle of graphite powder. One camel hairbrush, Folien paper Finger-print forms. Finger-print ink. ‘Appliance for finger-printing dead bodies. One magnifying glass. One fingerprint impression pad and roller. 10, One electric torch, 11, One knife, 12. One pair of scissors. 13, One measuring tape 60" long, 14, One foot-rule 2 feet long. 15. Sealing wax and candles. 16, Formalin diluted to 10 per cent together with chloride of lime to counteract decomposition of corpses. 17. Cotton wool and 1.5 yards cloth for packing exhibits. 18. Case diary book with plate, pencil or pen, carbon paper and the usual forms required in investigation. Finger-print Material This kit may be used to collect most types of evidence. However, itis to be noted that with advancements in forensic science, special types of collection tools and packaging material may be needed to collect certain types of physical evidence from the Crime Scene. Crime Scene Units, where operational, have such tools and the necessary packaging materials. Iti, therefore, better to allow the specialists to collect such types of physical evidence wherever possible. Il, COLLECTION AND PRESERVATION OF FINGERPRINTS The use of fingerprints in the identification of criminals is the most frequently applied technique in forensic science. Fingerprints offer a powerful means of personal identification and still remain the most commonly used forensic evidence worldwide Types of fingerprints There are three types of the fingerprints Patent Fingerprints The Patent Fingerpri contact with the smooth surface of another object. These prints leave a distinc ridge impression that is visible ts are visible prints that occur when a foreign substance on the skin of a finger comes in with the naked eye without technological enhancement of any kind. The tried and true “blood on his hand” evidence is an example of patent prints recovered from a crime scene. These foreign substances contain dust particles which adhere to the ridges of the fingers and are easily identifiable when left on an object. atent Fingerprints The Latent Fingerprint impressions are secreted in a surface or an object and are usually invisible to the naked eye. These pri are due to perspiration caused by sweat pores found in the ridges of fingers. When fingers a touch other body parts, moisture, oll and grease adhere to the ridges so that when the fingers touch an object, such as a lamp, a film of these substances may be transferred to that object. The impression left on the object, leaves a distinct outline of the ridges of that finger. These fingerprints must be enhanced upon collection and, because they serve as a means of identifying the source of the print, they have proven to be extremely valuable over the years in the identification of its source, Plastic Fingerprints Plastic Fingerprints are visible, impressed prints that occur when a finger touches a soft, malleable surface resulting in an indentation. Some surfaces that may contain this type of fingerprint are those that are freshly painted or coated, or those that contain wax, gum, bload or any other substance that will soften when hand held and then retain the finger ridge impressions. These prints require no enhancement in order to be viewed, because they are impressed onto an object and are easily observable. Procedures for processing, developing, lifting and labeling fingerprints” In general, the following basic guidelines for lifting fingerprints are to be noted: ‘+ Appiy a small amount of fingerprint powder to the brush, ‘© Hold the brush lightly = Use short quick strokes with the tip of brush light over the surface. — When latent prints develop ~ stroke tip of the brush in direction of ridges. — Latent fingerprint powder is distributed evenly and smoothly by tip of the brush = When latent print is fully visible ~ brush away excess powder. yowder (light surface use dark powder), — Place latent fingerprint lifting tape completely over latent print and smooth out any air bubbles. = Use contrasting latent print — Lift the tape from the surface and adhere to a latent lit card. — Ifbblack powder is used, then a white latent lift card should be used. = Document the following information on back of the latent lift card offense/case number, i. lift number, ii, location where latent lft was recovered, date, time, \v. officer making the lift Latent fingerprints that are recovered from any crime scene will be forwarded to the forensic science agency for comparison and analysis. Collection guidelines for patent fingerprints Patent prints are collected using a straightforward method i.e, photography. These prints are photographed in high resolution with a forensic measurement scale. Investigators can improve the quality of the images by using a low: angle or alternate light sources and/or certain chemicals or dyes during photography, but this is usually not necessary.* ® haps/fwww salisbury edu/polce/ Writer hw forensics lied or rectves/Cnap83 pat tefhngerpeints ot a2 COLLECTION OF PATENT PRINTS. PRECAUTIONARY MEASURES (MEASURES TO AVOID ‘> For visible prints on small objects, such as a window pane, collect the entire object: ‘+ If the item is too large to submit, such as a bloody patent print on a wall, it may be necessary to cut out a section of the wall with the patent print. ‘+ Be sure to leave a reasonable amount of wall surface material surrounding the patent print. ‘+A protective covering may be placed over the print provided that the covering does not come Into contact with the print. = example: Ifthe print is on a door, a small Paper box can be taped to the door, over the print for protection. ‘+ Photographs are important because damage to the impression may occur during attempts to remove the surface containing the print. “Avoid pressing or touching the Impression with your finger or any object to see if the substance is dry or tacky. Doing so may damage the print. Unnecessary transportation and handling may damage or even destroy a print(s). Collection guidelines for latent fingerprints®* In many instances, latent fingerprints can and should be developed at the crime scene by evidence technicians or crime scene search officers. Latent prints developed through traditional powder processing methods should be lifted and submitted to the laboratory. Detailed information concerning the case, date, location and orientation of the latent should be recorded on the back of the lift card, Iflatent prints at a crime scene appear to be visible (patent prints), orf the lft process may pose unique challenges, the latent should be photographed. However, if any item of evidence is to be submitted to the lab for processing, it is best not to attempt any field recovery of latent prints. TEM METHOD. Nor-porous or non-absorbent surfaces | Generally, fingerprint powders should be used. Black powder is (Glass, Metal, Tile, etc.) may be | preferred because it produces the best ridge reproduction and is easier processed in the field to compare. For powders to be used, the surface mustbe dry. Wet items should be fully alt-dried, Reminder: Whenever possible, non-porous items should be processed at the crime scene and the processed latent print(s) should be lifted, provided no other evidence (hair, fibers, blood, etc.) is present. = PFSA Guide. htpe/ofsa. punjab gov pk/guldelines, for evidence 43 Measures to Avoid: Unnecessary transportation and handling may Cameras (photo and video). tools for + Cardboard boxes, colle = Notepads. © Gloves, + Evidence tape. © Paper evidence bags. Evidence stickers, labels, or tags. © Grime scene tape, © Antistatic bags. Permanent markers. © Nonmagnetic tools + Faraday Bags"? V.ONA DNA Use and Value Deoxyribonucleic Acid (DNA) is a hereditary material in all humans and animals. Nearly all cells in a human body Contains the same DNA, which means that often DNA can be traced back to a person. Despite the fact that DNA evidence is circumstantial for the purposes of a criminal trial, in the context of investigations, collecting DNA can often aid in profiling or even identifying parties involved in an offence, both perpetrators and victims. DNA can be matched to family members to ascertain identity. The same can be achieved by comparing a vile of blood or a strand of hair or even saliva of the family member. DNA is generally used to solve crimes in two ways: ‘+ In cases where a suspect is identified, a sample of that person's DNA can be compared to evidence from the crime scene, The results of this comparison may help establish whether the suspect committed the crime, ‘© Incases where a suspect has not yet been identified, biological evidence from the crime scene can be analysed and compared to offender profiles in DNA databases to help identify the perpetrator.* DNA can be collected from the following samples: Blood Hair Earwax and Mucus ‘© Faraday Sheds an enclosure used to block slectromagnetic Solis A Faraday held may be formes by a continuous covering of concuctive satel or inthe case of Faraday cage, bya mesh of such materials fav juste gou/aries/ag/sSvancng utes through echnology-sing-dng-slvecrones 51 ‘Sweat Vomit, urine and faeces Fingernails Saliva Pieces of tissue/skin Semen ‘Additionally, these samples can be extracted directly from living persons, dead bodies bodies or from stains (blood, saliva etc.) on clothes, weapons, etc.** Factors relating to collecting dna evidence Time DNA sampling and analysis must be done promptly and without unnecessary delay. In Ghulam Mustafa Alias Baggi vs State the medical officer, who conducted an autopsy of the body, removed and dispatched body parts to the police. This evidence was to be sent to the Chemical Examiner but the police dispatched it over ‘a year later resulting in delay and casting doubts in the authenticity ofthe evidence. The concern here is not that DNA deteriorates quickly (DNA evidence can last a very long time, given proper care is taken to preserve it. Instead, the rule above is asserted to ensure that delays do not occur between transferring of evidence, as this may lead to tampering and consequently it becomes harder to establish a proper chain of custody. Contamination Utmost care must be taken while handling evidence, and each sample must be packaged separately and kept in specific conditions so as to avoid contamination. Referred Agency R.25.41 of Police Rules 1934, stipulates that the Superintendents of the Police are required to submit the samples collected by the 10 to the Chemical Examiner. R.25.41 of the Police Rules also specifies detailed instructions related to the collection that the authorized officer is required to follow: ‘SAMPLE MATERIALS NEEDED | COLLECTION/PRECAUTIONS Bodily fluids © Wide mouthed | * Samples should be placed in bottles or jars bottles ‘= Stoppers should be placed on the jars and should be tied Glazed jars down with a leather cloth and must be checked for leaks = Stoppers/Corks | « Knots of the cord must be sealed with the name seal of Boxes the officer making the investigation Stains = Cotton orwool [+ _ Surfaces with stains must be dried before packaging # Wooden boxes Blood stained > Boxes + Evidence should be marked with seals, Weapons, articles or | + Scissors And then sealed into parcels Cloth © HD Camera ‘Ifthe surface is too large to pack in its entirety, the blood stain portion of it must be cut out with scissors and sent for analysis © ape /ww nytimes com/2030/13/02/ecence/O2qna hem “Ghulam Mustafa Alas Sagas. State 2014 PCIL 893 52 ‘All stains should be documented through High Definition photography ‘Sharp Weapons Boxes ‘Sharp weapons must be packed In boxes, Instead of cloth so ‘weapons do not pierce the packaging Clodsie.tarhor | + Wool = Clods should be packed in wool and then put in boxes clay Boxes Organs Clean glass, bottles/jars #_Stoppers/corks ‘Organs must be placed in wide mouthed jars and fit with the stoppers to ensure that contents do not readily decompose. Materials that may decompose + Preservatives + Containers (ars/bottles) Materials that decompose at a fast rate must be fully immersed in the preservative. The preservative may be a rectified spirit (in case of poisoning) or a salt solution. Salt solution: 1 Tablespoon of salt and 4 pints of fresh clean water Further instructions © Oneach container and parcel, a label must be fixed with a description of the contents; particulars may include: = Date/Time. = Victim’s Name {if applicable). = Location = Collector's Name. = FIR Number. = Police Station Name. = Description of item. = Item number. ‘© The jars should be placed in boxes with packaging material to avoid breakages. The boxes are then to be covered with Garha cloth, sewed and sealed, ‘+ The label should also have a seal; the same which was used in the fastening of the container. Seals should all be similar and the wax should be of the same kind. it should be the ordinary office seal and should be kept under lock and key. ‘+ Acopy of the label should be given in the inquest report or case diary, No letters should be glued on to exhibits that could interfere with the analysis ‘A sample of the preservative added should be kept aside in case the sample container breaks before reaching the chemical examiner If two or more examinations are to take place, then the medical officer should complete one, label and seal it and then only commence with the second examination. Instruments must be cleaned before the examination VI, BLOODSTAIN PATTERN ANALYSIS (BPA): Patterns of bloodstains can be used in their entirety to establish the nature of the crime including other elements that can be crucial to an investigation. For example, ina target kiling, the blood patterns surrounding the area of the victim could indicate the angle at which the bullet hit the target. This could in turn establish the vantage point 53 of the shooter. This location could then possibly be used to trace down the perpetrator of the crime. Fa be determined from the BPA are: ‘©The origin of the bloodstain ‘©The type of weapon used in the violence and hence the cause of the death ‘©The direction from which an object struck the victim ©The relative positions ofthe victim, assailant and bystanders ‘© The locations and movements of the victim and assailant during the attack ©The number of blows or gunshots the victim received ‘©The truthfulness of any suspects and witnesses!” Source of evidence ‘© Stains on clothes and articles ‘© Stains om large surfaces (furniture etc) = Photographs of fixed surfaces (walls ete.) Collection of evidence from Sloodstains For DNA analysis and BPA the collection and preservation is done differently and various rules need to be adhered to. Wet blood Stains that are fresh and still wet decompose quickly, which is why they must be dried before collection. ‘Wet blood on a dead body can be wiped with swabs and then dried before submission to the laboratory. Time ‘There cannot be any unnecessary delay in the submission of samples to the laboratory. Police Rules 25.46 establish that the custody of such samples must be sent by the Superintendent of police to the Chemical Examiner, who shall then forward samples to the Serologist who may then determine the source of the blood. The samples must be forwarded with a complete medico history of the case. Experts will be charged with determining various facts about the crime/incident from the blood splatter stains. RELEVANT | PRECAUTIONS STEPS TO AVOID SECTIONS Wet Stains PR25.33 | Dry them before collection. Do not collect them while Swab them and allow the swab to air dry. | wet. Then place in envelopes Do not place swabs in tubes ‘Stained Clothes or ‘Submit them to the labs in their entirety | Do not cut pieces from the Articles it possible articles for evidence. Never fold the articles (this will alter the patterns) Large stained Cut around the stain, including some Do not discard the remainder surfaces eg. unstained area around it of the surface. The mattress investigating officer should keep custody of it.“# © Forensics of Dummies, Qoughle aye! “Punjab ForensleSeence Agency Guidelines 54 Dry Blood on Scrape tinto an envelope witha clean | Donot attempt to clean the body scalpel and send it to the lab, blood Alternatively, a swab can be soaked in sterile water. Swab the dry blood (this, will moisten it) and allow the swab to air dry. Then place in envelopes. Documentation Photographs of the stain patterns on larger items must be taken using forensic photography techniques. This s referred to.as Forensic Photography. Any visible stain patterns present and any Visible damage to fabrics (e.g. cuts, tears, abrasion) must be properly documented, labelling Stitch or tie the label onto the article ete. | Avold pasting the label onto ‘The label should include the number and | the article description of the articles Labels must correspond with the invoice list of articles Marking Mark the article with circles around the stained area, Do not use ink or an indelible pencil to do so Packaging Package in clean, paper bags or Use plastic containers to envelopes package blood stained samples Documents to ‘A. By post: Dispatch (2) Forward memo and invoice list of articles for examination. (2) Impression or imprint of seal used in the case. 8, With the articles: (2) Duplicate copy of forwarding memo and invoice list. (2) Duplicate impression or imprint of seal used in the case. VII. EXPLOSIVES/EXPLOSIVE RESIDUES AND IEDS Wherever the use of explosives, IEDs or Explosive Residue is suspected, the Police ought to instantly call upon the Bomb Disposal Unit. However, if there are any traces of explosive evidence, the police may collect and preserve the evidence as per the procedure laid out in Rule 25.42(2) of the Police Rules. Nevertheless, itis fundamental for the police to have a comprehensive understanding of what constitutes as explosives and explosive residues. What are explo: s, leds and explosive residue? 55 ‘An explosive is a highly reactive substance that can create a very massive physical impact within 2 limited area surrounding it. IEDs are improvised Explosive Devices and are the explosives used in unconventional warfare, Explosive substances include, but are not limited to, bombs and detonators. They can take any form: © Liquid eg. Nitro Glycerine © Gas eg. compressed gases (ammonia, oxygen, hydrogen, acetylene, carbon-dioxide) in cylinders, sparklets etc., may under certain circumstances cause violent explosions © Solid: = Detonators = Bombs = Other Police Rules appendix 25.42(2) describes in detail the different types of solid explosives: SOLID EXPLOSIVES, DETONATORS BOMBS ‘OTHER = Detonators and © Miltary Grenades + Blasting explosives eg. caps = Copies of military grenades Dynamite © Fuses = Book bombs © Gunpowder © Cartridges © Letter bombs © Guncotton = Fireworks + Bombs made of soda bottles and jam | © Gun, rifle, shotgun powders © Rockets tins © Fulminates © Signal Lights * Pleric Acid © Ammonal and Amato! * Chlorate Potash + Sulphide of arsenic + Carbide Each substance in the above categories, whether solid, liquid or gas is dealt with differently Lastly the Explosive residue is what can be found around an area impacted by a bomb explosion. There are often remnants of the chemicals and fuses used in the manufacturing of the bomb that cause the explosion. Itis also interesting that a lot can be determined from the kind of explosive that is found, or the kind of residue it leaves behind, It is commonplace that terrorist groups tend to have a preference towards a particular kind of explosive. Identifying the type of explosive used, could very well lead to establishing the terrorist or terrorist “organization involved. This, however, can only be deduced by experts in the Bomb Disposal Unit, who are in charge of analysis of both lve explosives and residue. In fact, Sate v, Sarfaraz Khan, made it clear that the witness testimony of an expert of the BDUs integral to determine the nature of the explosive material used by the terrorist, otherwise the explosive material evidence (held in the report) would be inadmissible in court Chain of custody and collection of explosive evidence Courts and the law state that explosive substances need to be handed over to the Bomb Disposal Unit (BDU), bearing in mind the rules of collection and storage elaborated under Appendix 25.42(2) of Police Rules 1984. Whether the substance is explosive or whether itis residue from an explosion, a lot of precaution needs to be taken in any case. 56 It must also be noted that time is of the essence in this regard. In the State v. Sadam*, the explosive material was analyzed 2 months after the incident which raised questions about the chain of custody. The Table below highlights Police Rule 25.4 (2) pertaining to the different type of explosive substances. These paras provide detailed instructions on how to handle i.e. collect t 1 explosive material. RELEVANT | PRECAUTIONARY MEASURES ‘STEPS TO AVOID SECTION Preliminary Steps | 25.42(2) ‘Assume that the substance is highly | Do not let unnecessary Instructions: | explosive, even if you have the slightest | people be in the vicinity Para 1,3 reason to believe itis dangerous LIQUID EXPLOSIVE Than OPEN vessel | 25.42(2) Dip @ pencil or thin piece of stick into the | Do not use @ glass or Instructions: | liquid and allow one drop to fall on a small | metal stopper to cork the Para 6 plece of blotting paper or tin foil (silver | bottle paper) Distance this ten yards or more from the vessel containing the liquid, place it upon a flat surface and strike it with a sharp glancing blow and a flat headed hammer. Repeat 3 times with fresh drops. Also test it with the flame of a spirit lamp. IF IT EXPLODES or BURNS: Place % ounce of the substance in @ clean bottle and cork it up tightly. Pack it in cotton wool and send to the (Bomb Disposal Unit) by messenger. IF IT DOES NOT EXPLODE or BURN: Repeat the above process, and send to the Bomb Disposal Unit via post. Tha CLOSED vessel | 25.4212) 1. If vessel is closed lightly and the stopper [Do not attempt to Instructions: | comes out, proceed as you would with an | remove the stopper. Para? open vessel 2. If vessel is closed very tightly, send it by messenger to the Bomb Disposal Unit. 3. vessel is not a bomb and is made of metal for another hard material and it is believed that the vessel might open with moderate Do not turn the vessel over when removing it Use minimal force © State vs. Sodom (2036 Pcrs 1815) 57 force, then It should be removed VERY carefully. The vessel isto be taken to an area where it can do minimal damage (field). Tie 2 chord to it and loop it around a tree or structure. Pull the chord creating a back and forth motion, which will shake the vessel, disturbing the contents. Leave it for 12 hours. If there is no explosion send it by messenger to the Inspector. If it is too large to move, keep it in a secure space and send the report tothe BDU GAS EXPLOSIVE ‘Storing 25.4212) Instructions: Para 11 Keep the substance cool and away fram the direct rays of the sun Packaging and Transport 25.4212) Instructions: Parad ‘Should be sent by train to the BDU. ‘Small cylinders with gas can be packed in cotton wool and wooden boxes and be sent by post ‘SOLID EXPLOSIVE Than OPEN Vessel 25.4212) Instructions: Para 8 With a fat stick or cardboard take out a few grains of the substance, Distance this ten Yards or more from the vessel containing the liquid, place it upon a flat surface and strike it with @ sharp glancing blow with a flat headed hammer. Repeat 3 times with fresh drops. Also test it with the flame of a spirit lamp. 1. IF IT EXPLODES or BURNS: Take a litle bit ofthe substance and add it to water. If it emits no gas or heat, then place % ‘ounce of the substance in a clean bottle, flit with water and cork it up tightly. Pack it in cotton wool and send to the BDU via @ messenger. 2. IF IT DOES NOT EXPLODE or BURN: Test the substance in water as before, Repeat the above process, and send to the BDU via post. after adding some of the substance to water it reacts, (Condition 1) proceed as you would before, however DO NOT place it in water before packing it. Keep the substance completely ary. Tha CLOSED Vessel 25.4212) Instructions: Para9 Tf itis not suspected of being a bomb and the stopper is tightly put, pack tin straw T. Donotattempt to remove the stopper or 58 (keeping it upright) then send it by messenger to the BDU. 2. Ifthe stopper seems as if it will come out with litle force then proceed as you would for an open vessel 3. f vessel is not a bomb, is made of metal cor another hard material and itis believed that the vessel will open with moderate force, then it should be removed VERY carefully. The vessel isto be taken to an ‘area where it can do minimal damage (field) Tie a chord to it and loop it around a tree or structure, Pull the chord creating a back and forth motion, which should upset the vessel. Leave it for 12 hours. If there is no explosion send it by messenger to the Inspector. fit is too large to move, keep it in a secure space and send a report to the ou, ‘whatever Is Keeping the vessel closed 3. Do not turn the vessel over when removing it. Use minimal force Calcium Carbide or | 25:42(2) Destroy it by dropping it into deep water, Calcium Phosphide | Instructions: | not more than a pound of the substance at a Para 10 time. Wait till no more gas is given off from ' pound, before proceeding to destroy another pound. Detonators 25.4212) Pack them separately in cotton wooland | Donot send through Instructions: | wooden boxes and send it byhand tothe | post Para 12 Inspector Bombs 25.4212) ‘A Millitary Grenades: See that the safety pin | A. Do not attempt to Instructions: | isin position, thatitis not broken or corroded | destroy it, if you are Para 13 ‘and that the ends are well splayed out so that | untrained with explosives it cannot be jolted out. See that the jaws of the laver are in good condition and support the striker correctly. Being satisfied on these points, the base should be unscrewed and, if the igniter set is present, it should be carefully removed. Pack the igniter set and the bomb in a cotton wool in separate wooden boxes and send by hand to the BDU, Ifthe pin and lever are missing, the grenade must be destroyed where it was found. Report to the Inspector. B. Do not put this type of grenade in water. If the trigger has been made safe, pack the grenade in cotton wool and a ‘wooden box and send to the Inspector. 59 ®. Copies of Grenades/ Crude versions of military grenades: They must only be handled by persons who have handled bombs before. It is generally possible to render them harmless by removing an explosive cap or tuft of gun cotton. This should only be done with ifthe police officers are satisfied that the trigger is safe. . Bombs made from bottles etc.: Arrange 2 string bag and strong cord over allarge bucket of hot water. Carefully remove the bomb keeping it in the same position as found. Place it in the bag. From around the corner of 2 building, lower the bomb into hot water ‘and leave it there for 24 hours. The water will then be cold. The bomb can be taken out and packed in wet straw or cotton wool in a wooden box and sent by hand to the inspector. D. Book Bombs: Take it to an isolated place, keeping it in the original position. Keep it locked up. Send a report to the inspector. E. Letter bomt bucket of water, When the letter is quite wet, ppack itn atin in wet cotton wool and send it by hand to the BDU. lace the whole letter in a F. Booby Traps: Never enter a house or room in which you suspect is covered with booby traps. First smash a window or knock a hole in the wall with a crowbar opposite the door to see the door can be safely opened. Enter very carefully. Do not touch anything. Make 2 loop at the end of long rope and drop the loop over abjects that seem suspicious. Try to pull at the objects using the rope and do not enter the house until several minutes pass. (Open lids of boxes and containers that seem suspicious by using the rope. If you discover ‘an unexploded bomb, proceed as you would in case of a bomb made from Soda bottles in para c. 60 EXPLOSIVE RESIDUE Post explosion Punjab Send to the lab so that they can be debris and Forensic examined under the microscope and/or components (such | Science extracted for analysis. as pipe bomb Agency fragments,end | Guidelines | Materials that are distinct and easily caps, plastic separable should be sent in separate bottles, paper containers tubes, etc...) For example: the liquid and the foil balls from a plastic bottle would be sent as three separate items: The Bottle, The Foil, and The guid Containers, Punjab Glass jars or paper envelopes or bags can be | Metal containers and Material and Seals | Forensic used for packing. some plastic containers Science should be avoided. ‘Agency Wear nitrile gloves and dispose them after Guidelines | collecting a sample and put on fresh ones before collecting another sample. Ensure can lids are tightened Plastic bags must be heat sealed completely with no flaws in the seam. Its of the utmost importance to remember that whenever some quantity of the explosive substance in sent to the Bomb Disposal Unit for analysis, the rest must be kept safe, in an area in order to avoid damage in case of explosion, Vill, BALLISTICS Ballistics is the scientific study of the mechanics of launching projectiles, their fight behaviour and the effects of impact of projectiles, especially those of ranged weapon munitions such as bullets, unguided bombs, rockets, etc. There are many applications of ballistics within a criminal investigation and the bullets that are fired at the crime scene will be examined in the hopes of discovering several pieces of information, such as: ‘+The actual bullets can identify what type of gun the criminal used and whether or not the firearm is. connected to any other crime (through database matching), +The amount of damage a bullet has sustained upon hitting a hard surface can help determine approximately where the shooter was standing, what angle the gun was fired from, and when the gun was fired. ‘+ Anyresidue on the bullet can be studied and compared to residue on the hand of a suspect, the gun that ‘was fired, or any object that was close by when the firearm was used, This information helps researchers uncover the identity of the shooter. ‘+ Even when the bullets are missing, the type of impact they made can stil lead investigators to ascertain ‘what kind of bullet the criminal used, and therefore the type of gun as well 61 ‘© Studying the markings found on a bullet or the impact a bullet made on any surface can establish exactly ‘which gun the criminal used. Every gun produces a slightly different and unique pattern on the shell-casing it fires; the bullet will therefore imprint a distinct pattern upon anything it hits. Once scientists have identified these markings they can easily match them to the appropriate firearm, this is known as ballistic fingerprinting Cartridges and their components There are two main types of cartridges: ie. centrefire and rimfire, The images below differentiates between the various components of a cartridge. Rimfire Bullet a-- A CCentérfire Bullet Head of Casing Firing Pin Imprint Head of Casing Firing Pir ‘+ Bullet: The bullet is the part of the cartridge that strikes the target. ‘© Brass Casing or Case: The case holds the primer, powder and the bullet ‘© Gun Powder: The powder burns and creates gas to push the bullet through the bore and out of the muzzle. ‘+ Primer: The primer compound explodes when struck by the firing pin and ignites the powder. Hence, each component of the cartridge may be examined forensicaly to identify the specific gun that was used. Moreover, as the bullet passes through the gun, the barrel produces individual markings in addition to a bullet's land and groove impressions. itis these unique markings that allow an examiner to match the bullet to the firearm. Collection, Preservation and Transport of Evidence In order to minimize safety risks and contamination of evidence the following measures should be followed while collecting and packaging the evidence: = Every evidence exhibit must be packaged separately. ‘= Every firearm must be packaged in unloaded condition with safety on. ‘+ There must not be live rounds in the chamber of the firearm, magazine or in the parcel © Every cartridge case and bullet must be packaged separately. ‘© Evidence submitted for Gun Shot Residue (GSR) analysis must be packaged in a hard box instead of cloth bag or paper envelope. Layers of the clothes containing GSR must not touch with the other layers. Clothes ‘must be wrapped by placing a white paper sheet between the layers of clothes before packing it in ahard box. % FSA Guideline. 62 ‘© For serial number restoration of firearms, the area containing obliteration should be marked clearly if there is more than one location of obliteration ‘© For trajectory analysis, vehicles must not be washed or cleaned at all prior to examination. Suspected bullet holes must be covered with white paper. © Seals must be intact ‘© Ifa firearm is recovered from water or any other liquid, then the firearm must be submitted with the same ‘sample of water or liquid from which was recovered 10. CHAIN OF CUSTODY Chain of custody refers to the ‘chronological and careful documentation of evidence’ to establish its connection to a crime. All evidence has to be carefully and properly documented bearing in mind its peculiarities. Maintaining a chain of custody requires the production and maintenance of written documentation with a clear-cut timeline. Any transfer or transportation of evidence also has to be documented. This is to ensure that the evidence has not been contaminated, replaced, tampered with or compromised in any way. Case law on Chain of Custody Thus, in State v. Sadam* there was no identi fiable chain of custody because of which the defendant was acquitted ofa charge under Section 7 of the Anti-Terrorism Act, 1997. The judgment was appealed and it was held that because the five rounds from the firearms were sent to the Fire Arms Expert after a delay of three days and received by the Forensic Science Laboratory after nine days, without any explanation and without anything on record showing in whose safe custody the said five rounds were lying during the period, they lost their evidentiary value. There was nothing on record that showed where the live rounds were before they were sent to the Expert. Moreover, the recovered explosive material was examined by the Bomb Disposal Unit after two months of the incident and the Expert who examined the explosive material was never examined by the prosecution. This created a serious dent in the case of the prosecution which led to an acquittal Similarly, in Mustageem v. Nowab Khan* there was no documented chain of custody in this case. The empties recovered from the crime scene were sent to the Forensic Science Laboratory after a delay of eleven days and there was no documentation of where they had been before they were dispatched. In light ofthis, a positive report of the Forensic Science Laboratory that connected the accused to the crime was discredited and considered inadmissible. 111, CASE LAW CONCERNING COLLECTION OF EVIDENCE FROM THE CRIME SCENE ‘Muhammad Ayoob vs. the State® Procedural History crime Scene and Physical Evidence Awareness for Non-Frensic Perconnel(United Nations Offce on Orugs and Crime 2008), & tits: /an anode ofg/documents/acentfe/crime scone awareness Chook pf accessed & August 2019 Joseph A Prahiow,Forensi Pathology for Poe, Death Investigators, Altoreys, and ForesieSientsts’ 18 (ste, Humana Pres 2010} 2016 pcr U 2815 2016 YURI *= 2012 PCrU 1038 Karachi High Court Sindh 63 This appeal was directed against the impugned judgment passed by the Anti-Terrorism Court, whereby the appellant was convicted under s.7{b) of the Act, 1997 read with ss.4/5 of the Explosive Substances Act of 1908 and was sentenced to imprisonment of 7 years. Facts The facts of the prosecution case are that the appellant was allegedly responsible for planning a terrorist attack During interrogation the appellant admitted to possessing the alleged arms that were later recovered from his house. Analysis The Court examined two aspects of evidence collection; custody and dispatch and found the following discrepancies in the prosecution’ case: ‘© According to the FIR the arms were not sealed atthe spot and even when the arms were produced in Court they were not in a sealed condition. ‘©The arms and ammunition were sent to the expert after a considerable delay of 2 months and 26 days and 1no explanation had been given by the IO, justifying the reason for the delay, ‘* As per the FIR, the arms and ammunition were placed in two plastic bags and one green Rexine bag. However, the alleged Rexine bag produced in court was yellow and blue in colour ‘© According to the FIR the recovered Kalashnikov bullets were 20 in number, whereas the IO produced 21 bullets in Court, ‘©The appellant was already in custody since 3rd October, 2002, and the alleged arms and ammunition were said to have been produced by him after a delay of 12 days which also makes the recovery highly doubtful Bling The Court held that “keeping in view the above contradictions and after going through the entre evidence we are of the opinion that the prosecution has miserably failed to prove its case, therefore, the impugned judgment is set aside and the appellant acquitted”. Hence the appeal was accepted by Sindh High Court. Sher Rehman vs. Stotes* Facts: Inthis case, the alleged recovery was made on 18.07.2016; the recovered explosive materials were sent to the Bomb Disposal Unit (BDU) in charge for an opinion/report on 19.07.2016. However, the dispatched material was received by the Assistant Inspector General of Police, BDU Special Branch, KPK, Peshawar, on 29.07.2016 i.e. ten days after their dispateh, Bling The Court sald that "these glaring discrepancies should not have escaped notice of the learned trial Court while convicting the appeliant/accused and awarding him the impugned sentences. Therefore, conviction and sentences awarded to the accused are not sustainable in law, ond ought to be set aside.” (Paragraph 9 of the Judgment) Ghulom Mustafa Alias Bagi vs. State®” The inefficiency and delay by the police in sending medical evidence to the concerned laboratories can also cast doubt over the credibility of the MLC (Medical Legal Report) and the forensic lab report. 2018 Mio 223 64 Facts The medical officer while performing an autopsy of the body, removed, sealed and dispatched certain body parts to the police. As per the MLC the police were required to dispatch the body parts for further examination to the chemical examiner. However, the body parts were held in police custody for over a year, after which the parcels were dispatched to the chemical examiner. Hence, the delay shed doubt over the credibility of the evidence. Ruling “The Court held thot the considerable delay of one year has called the case proceedings of the prosecution into question” 12, SITE PLAN AND ITS PURPOSE The Site Plan also known as the Crime Scene Sketch or the Plan Scene" is an accurate map of the scene of the crime that is, in most cases, to be drawn up by the investigati The plan is to be drawn in two sets with one submitted to the court and the other may be retained by the Police for investigation purposes. The site plan may be a rough sketch of the crime scene or a plan to scale, where required. It is to be noted that the site plan is not a substantive piece of evidence at trial and, therefore, can only be used to corroborate or contradict other evidence. This was decided in Karamat Hussain v, the State,” where the court held When the direct evidence is available and believed then the other evidence loses its evidentiary value as the same is only corroborative in nature. This Court has already held in a number of cases that the site-plan is not a substantive piece of evidence and in presence of direct evidence the same can be ignored. 1g officer and represents a topographical view of the crimes. In some circumstances, the IO may request the assistance of the patwari (draftsman) to draft an accurate site plan to scale. This is done in the cases of heinous crimes such as murder or rioting. In regular cases the IO is competent to make the site plane him/herself.®! One copy of the site plan is to be part of the Police Report to be sent for trial and the other is to be retained by the police. In the copy of the site plan to be sent for tral, the IO is to make reference to facts observed by him/her or other members of the Police. In the second copy that the Police are to retain, the |O is to record references based on witness statements. What should be included in the Site Plan? Itis necessary that the whole site plan is in accordance with the Istighasa (Complaint). The IO must consider the following, according to the prevailing circumstances of the case: '* Clearly and accurately mark North and South, The site under inspection may be examined in a clock-wise direction. ‘© Complete an accurate sketch of the place of occurrence including the ground, building road-side, park, etc. Mark the presence of each witness, including the complainant, in the plan. The positions of witnesses also ought to be reflected in the site-plan. The site would be examined on pointation of the witnesses. Names of each and every witness should be mentioned in the notes. '* Mark the presence of each accused person in the drawing. As por Police Rule 25.13 “As per Police Rule 25.13 "unarmed Astral Khan Toreen¥. the Stote, 1995 PAL 333: ‘Preparation of the site pan by tne experts necessary oiy fhe Investigating Officer considers it proper to have the assistance of technica ‘man, etherwise there sno bar tothe making of map bythe pole officer who uwestigates the case.” 65 © Include the name and place of presence of each accused persons in the notes. '* Mark the locations of the recovered items/material in the drawing. (Necessary pieces of evidence must be collected from the site of occurrence such as blood-stained dust, footprints ofthe accused persons, etc) Name and specification of items/m: If police arrived at the crime scene, indicate from which side they arrived. If any of the accused absconded/fled away from the location, indicate the specific direction in which the accused person(s) fled off. Include in the notes @ description of the weather, date and time, jal recovered in the notes. Distance between the accused and the witness should be mentioned. Distance between the accused and the aggrieved should be mentioned. In case the offence has been committed at night, the lighting conditions and other similar arrangements should be mentioned and photographed or taken into possession wherever possible. The purpose is to ‘establish the fact that the witness or the complainant, if he was at the crime scene, was clearly able to see the incident (the source of light, if any, is very important to include). © Usually logic, observation and experience are used to determine the size of the crime scene, In case of a crime/ explosion caused by a Vehicle Borne Improvised Explosive Device, the crime scene is usually much larger. Hence, in such a case the perimeter is kept much wider. Prepare a legend to facilitate understanding of the site plan. Photograph/video record the crime scene with markers and scale whenever possible. Value in Investigation and Court Proceedings The crime scene sketch is an important document that forms part of the case file. Beyond the case file, a good sketch can be a useful aid in investigation. Similarly, it assists during questioning, in preparing the offense report and in presenting information to the court, complement the photographs and notes made during the crime scene search. However, a site-plan does not form a substantial piece of evidence. Accordingly, itis only a supporting document which assists in understanding the location of the incident. 13, USE OF PHOTOGRAPHY AND VIDEO TO SUPPLEMENT THE SITE PLAN AND THE INVESTIGATION Photography is an integral part of the crime scene process and the same is recognized in Police Rule 25.33(9), particularly photographing of the body in cases of homicide, From the standpoint of evidence, photographs are admissible in cour, iftestimony can establish that they accurately depict the scene. How to Photograph the Crime Scene? Following points must be ensured during photography of the scene: 1, Take photographs in a particular sequence in order to assist the investigator or the court to reconstruct, the scene without confusion. 2. The crime scene should be photographed exhaustively and the Entire area should be covered. 3. _ Preferably, the surrounding area should also be photographed, 4. Photographs of the deceased and injured, and all items connected with them, should be photographed. © barster Abdul Khelque Shaikh PSP] and Muhammad Atbor (SP, CPM, PPM) 2014 ‘Basic Investigation Handbook’ Paramount Books (vt) tie Karachi 85. 66 5. Photographs of arms/ammunition/empty holes made by gun shots/explosions, material defects should not be missed out, Long shots and close-ups should be taken to highlight the position of important items of evidence. Photographs of material evidence should be taken before removal from the scene. Photographs of the fingerprints before lifting may also be taken, Investigating officer should identify and point out to the photographer the objects, spots, persons, suspicious items, which have a specific or potential importance for investiga Evidentiary Value of Photographs during the trial Boshid Minhas v. Muhammad Fayyo: Facts The case concerned an appeal against the judgment in Hudood Case No.4 of 2004 whereby the accused, Muhammad Fayyar, was acquitted of the charges against him under Section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and section 377, PP.C. The complainant, Rashid Minhas, claimed that one day on his way to Government High School Mianwala the incident took place. He alleged that the accused, Fayyaz, forcibly took him to his Dhoke from Adda Mianwala, where after he committed sodomy upon the victim in a room. The accused thereafter released the victim, who went to his Dhoke and narrated the facts to his mother, Mst. Parveen Akhtar, whereafter the victim lodged a report with the police. Following the arrest of the accused and the recording of his statements, a challan was submitted against the accused in the trial Court under section 173 of the Code of Criminal Procedure, The trial court acquitted the accused after considering the evidence of both parties. Consequently, Rashid Minhas filed an appeal against the decree. Inthe trial, the respondent (Accused) relied upon the photographs, that were used as evidence of sexual intercourse Con the part of the victim, to prove that the victim was a person of easy virtues and that, accordingly, his statements could not be relied upon. In the photographs, the face of the accused was net visible but from the photographs it was clearly evident that the victim was involved in an activity involving sexual intercourse. Howevei 1ese photographs could equally be relied upon to establish the guilt of the accused. The defence had not denied that the offence had been committed. When the photographs had been produced before the trial court, the vietim had admitted that those photographs were his, and also that the person hiding his face in the photographs was the offender, Fayyaz. The minor victim had also innocently stated that the photographs had been taken by Fayyaz, not being aware of how photos are taken. The production of the said photographs at trial by the defence and the reliance of the defence on the same and on the cross-examination of the minor victim with respect to the photographs all indicated a connection of the accused to the crime. Moreover, the defence argued that the insistence of the accused on the fact that the victim was a boy of easy virtue possibly reflected his involvement in the ‘easy affair, Thus, procurement/production of the photographs and the reliance placed upon them by the defence on them indicated that the accused could potentially be associated with a circle of exploiters of minors of easy ‘virtue’, who subsequently blackmailed the minors through the photographs, videos etc. taken at the crime scene. Evidentiary Value of the Photographs The court relied on the production of the photographs by the defence to conclude that the accused had admitted that the act had taken place through their own conduct. However, the guilt of the accused was not established on 67 the basis of the photographs alone, Rather, it was corroborated by more substantial evidence such as the medical report, the chemical examination, the testimonies of the witnesses etc. 14, DOCUMENTATION RELATING TO THE CRIME SCENE Documentation related to all aspects of the crime scene is critical to a successful investigation and if the case goes to trial for the successful prosecution of the accused. While the relevant documents which may need to be prepared have been discussed above, it may be useful to lst the common documents which may need to be prepared below: 1 Site Plan List of exhibits recovered Recovery/Seizure Memos Photography Victim Description Arrest Memo Witness Statements under Sec. 154 Cr.P.C Depending on the particular crime scene various other documents may also need to be prepared. 68

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