The Rajasthan High Court recently observed that an accused person's denial from providing voice sample will not lead to an adverse inference regarding voice match taken by the magistrate during the course of trial.

Bench of Justice Farjand Ali heard a petition under Section 482 of the CrPC for quashing of the order of the magistrate allowing application of the investigating agency for voice samples of the accused for the purpose of investigation. The trial court had come to the conclusion that because the accused refused to comply with the order the court will be at liberty to draw an adverse inference against him.

The Court observed that, "As far as the observation made by the learned Magistrate regarding unfavourable reckoning is concerned, wherein he has stated that the accused shall be responsible if any adverse inference would be taken by the trial Court during trial upon his refusal to provide voice sample, it is felt that the learned Magistrate has exceeded his jurisdiction and it was beyond his competence to make a declaration regarding drawing of an adverse inference against the accused."

The Court further noted that law does not give authority to a judicial/metropolitan Magistrate to adjudicate an issue or make any declaration affecting the rights of the parties to the trial or pass such orders in respect of the cases which are exclusively triable by a special court.

The Court held that the accused had a legal right to raise objection regarding competence of the Magistrate to take voice sample before him, along with other objections which were statutorily provided to him, therefore, by doing so, it cannot be held that his denial from providing voice sample may lead him to a situation where an adverse inference regarding voice match may be taken by the learned trial Court during the course of trial.