Case story:

On 29 September 1935, two chopped bodies were found under the bridge near a river flowing nearby in a town called Drumfriesshir in Moffett. On initial examination, the police thought that there were two bodies, one male and one female, as all evidence to identify both the bodies had been eliminated. The fingertips of the hands had been cut off and parts of the rest of the body had been cut. Upon searching, the police found two chopped heads. Along with that, pieces of dead body and some clothes were also found wrapped in newspaper and bedsheet. The police took the bodies to the mortuary where the bodies were analysed and it was found that both the bodies were of females and from the style of cutting it was found out that the killer was from a medical background or a medical person. When there was no clue as to whose bodies these were, the police found out from the date and name in the newspaper that the murders had taken place between 13th September and 14th, 15th September and because the name was mentioned in the pieces of those newspaper, Sunday Graphics, it also came to light that it was a special edition which was distributed only in Lancaster city of England due to which the police got a lot of help. After getting information about missing people in Lancaster, the police came to know that a girl named Marry Rogerson was missing since September 14. When the police showed the clothes found with that girl to her family, they recognized that those were their daughter's clothes and that she had gone to work at her boss Mr. Buck Ruxton's house and did not return home. After getting information from Buck Ruxton, it was found out that he is a doctor and lives in Lancaster with his wife and children and his wife is also missing. After questioning Buck and presenting all the evidence, it is revealed that Buck killed his wife Isabella Ruxton and his maid Marry Rogerson. Buck suspected his wife of having illicit relations with other men and killed his maid because she was a witness to his wife's murder.

Case Facts:

·         Victim: Isabella Ruxton & Marry Rogerson

·         Accused: Buck Ruxton

·         Date of Incident: 14 September 1935

·         Date of body recovery: 29 September 1935

·         Location: England, Scotland

·         Crime Type: Murder (Homicide)

·         Case Status: Solved

·         Judgement:  Found guilty and hanged at Manchester on 12th May 1936

Role of Forensics In case solving:

1.     Forensic Anthropology: The photo of victim was superimposed into the skull found on crime scene and they matched. This technique is first used in this case.

2.     Forensic Entomology: The maggots were taken from bodies and study of their life cycle helped in time of death determination. This technique of forensic was also firstly discovered and used in this case.

3.     Forensic Fingerprinting: One of the Fingerprint was recovered from the body piece and it matched with victim.

4.     Questioned Document: The newspapers were examined and from that they were found the date of crime and crime area and accused also the victims were identified with newspaper examination.

Dr. Asma Nasrin R.S

Junior resident, Final year MD Forensic medicine and toxicology

Rajiv Gandhi medical college, Thane, Maharashtra

ABSTRACT

The disappearance of nine-week-old Azaria Chamberlain at Uluru, Australia turned into one of the most attention-grabbing case and legal proceedings in Australian history during 1980.

CASE BACKGROUND

On August 16th 1980, Lindy and Michael Chamberlain together with their three children including baby nine-weeks old baby Azaria travelled to Uluru (previously known as Ayers Rock) Northern Territory. They camped at the site which contained the rock base along with other guests. On 17th August 1980 evening the Chamberlains shared a public barbecue event with other campers at the site. During that evening, Azaria rested in her small baby bed inside the tent with her family.  When Lindy went to see the baby in the tent, she observed the dingo walking out of their tent with a something in its jaws at this moment. She entered the tent anxiously to discover that Azaria was gone. The shouted terribly those world-famous words which alerted the campsite about her missing baby.-"A dingo’s got my baby!"

An emergency search operation began right away combining police forces with trackers along with park rangers and numerous volunteers. The blood-stained pieces of clothing such as jumpsuit and booties and singlet discovered near the dingo shelter at Uluru's base which were the most important evidence recovered. At the time of the initial search, the  matinee jacket was missing that which Lindy claimed was on top of baby’s jumpsuit.

When the investigation first started the authorities agreed dingo attack as cause of death. Experts considered all dingo populations in the area to be wild animals since prior warnings had issued details on their behaviour. The case started losing credibility after afew forensic inspectors said that the damage to Azaria's clothing along with blood evidence in the Chamberlains' vehicle has no resemblance to dingo attack marks. The prosecution developed their theory around these findings to prove Lindy had killed Azaria while inside the tent and had created a false dingo defence story. The prosecution's theory was that, in a five- to ten-minute absence from the camp fire, Lindy returned to her tent, did whatever was necessary to stop her young son Aidan from following her, changed into tracksuit pants, took Azaria to her car, obtained and used scissors to cut Azaria's throat, waited for Azaria to die (options were carotid arteries or jugular – all experts said there was an absence of evidence of arterial bleeding on the jumpsuit blood stains and it would take up to 20 minutes if the death was from cutting the jugular). The media started building public doubt about Chamberlain by labelling her as a cold person with no apparent emotions. Many people wrongly read her religious beliefs together with a calm manner as signs that pointed to her guilt. The investigation became more difficult by the fact that no body was recovered and the scientific evidence seemed to create more questions than answers.

Lindy Chamberlain received murder charges during 1982 after the coronial inquest and widespread public pressure and Michael Chamberlain received accessory charges after the fact. The judicial process turned into a high-profile national event which both courtroom activities and a non-stop media breakout sustained. Law enforcement convicted Lindy to life imprisonment in October 1982 as Michael received a suspended sentence.

In 1986, a dramatic twist occurred. During the search for a British tourist in the same location authorities stumbled upon Azaria's missing jacket near a dingo den. The discovery of Azaria's matinee jacket proved to support exactly what Lindy had stated about the incident leading to serious case re-evaluation. Lindy’s immediate prison release triggered the formation of the Morling Inquiry which would assess all evidence in the case.

After initial procedures three successive inquests were conducted during the following years. A fourth and final coroner’s inquest held in 2012 established that a dingo was responsible for Azaria’s death which happened over 30 years earlier. The judicial process officially cleared both Lindy and Michael Chamberlain from any legal blame thus enabling them to have some peace after enduring a difficult period in Australian judicial history.

INITIAL FORENSIC INVESTIGATIONS

The role of forensic evidence became important throughout the investigation process from its very beginning. The jumpsuit worn by Azaria showed a bloodstained pattern close to neck. The damaged areas of the fabric which mainly targeted the neck region made investigators curious about possible attack by a sharp instrument. The forensic team began to believe that a person was behind the scene. The presence of blood in the case became a perfect opportunity for controversial serological testing.

SEROLOGICAL ANALYSIS AND FOETAL HAEMOGLOBIN

Crucial prosecution evidence showed that the Chamberlains’ vehicle contained foetal haemoglobin traces. Tests on haemoglobin revealed its presence only in infants and babies up to six months which seemed to establish a direct connection to Azaria. Scientists discovered multiple other substances such as milk formula and particular chemicals which produced foetal haemoglobin results during scientific tests. The accuracy of the first experiment results came into question along with doubts about real blood presence in the vehicle.

EXAMINATION OF CLOTHING DAMAGE

The jumpsuit that Azaria wore turned into an extensively examined forensic artifact. The initial examination team assumed the tear patterns on the garment exhibited characteristics like a set of scissors cuts. Later research conducted by experts specializing in animal predation determined that the harm could stem from the bite of a dingo. The shape of V-like tears along with elongated fibres proved that a dingo's carnassial teeth must have caused the damage since they excel at tearing flesh. The revised explanation of the evidence synchronized better with what Lindy had originally stated from the beginning.

BLOODSTAIN PATTERN ANALYSIS

Specialists examined the blood stains found on Azaria's clothing in order to determine plausibly how the events may have unfolded. An expert analysis showed that how the blood spread and the lack of major blood puddles inside the tent matched what would occur from a dog attack outside rather than an inside violent crime attack. Research findings proved the theory about dingo attacks while progressively undermining previous assumptions made by investigators.

REEVALUATION AND RELEASE

In 1986 the search team discovered Azaria’s matinee jacket close to a dingo den after Lindy maintained the baby wore it previously. The discovery of the missing matinee jacket near the dingo lair area made it harder to keep charges against Lindy and forced investigators to reevaluate all forensic evidence. A combination of the Morling Royal Commission and multiple inquests clearly demonstrated severe defects existed in scientific testing from the trial. Both Michael and Lindy Chamberlain won their full liberation which led to a historical change in Australian forensic practice.

THE ABOVE PHOTOGRAPH SHOWING A DINGO AND CAMPING SITE – ULURU, AUSTRALIA

THE ABOVE PHOTOGRAPH SHOWING SEARCH SCENE FOR MISSING  AZARIA, LINDY CHAMBERLAIN AND NINE-WEEK-OLD DAUGHTER AZARIA CHAMBERLAIN

THE ABOVE PHOTOGRAPH SHOWING BLOOD-STAINED SINGLET CLOTHING OF AZARIA WITH STAIN AROUND NECK PORTION AND TRAIL SCENES OF  LINDY CHAMBERLAIN

THE ABOVE PHOTOGRAPH SHOWING MATINEE JACKET OF AZARIA FOUND NEAR DINGO DEN AND NEWSPAPER CUTTINGS RELATED TO CASE.

The use of AI has started to become more and more common in everyday life, from using advanced AI for parallel parking and self-driving cars to the use of ChatGPT for writing letters and emails to others. Due to the free access nature of many of these services more and more people are starting to use AI technologies for their everyday tasks. With the advent of AI technologies in the everyday lives of people, new and improved techniques have also started to emerge to tackle various uncertainties.

The introduction of AI into the field of forensic science was inevitable as with any other techniques. From image processing to machine learning techniques, various AI subfields are being currently researched for use in the forensic field. Some of them are beyond science fiction novels and movies.

For example, recent research by the Federal Bureau of Investigation has found that it is possible to make automatic face recognition from skeletal remains that are completely decomposed [1]. Studies are trying to create a non-invasive post-mortem procedure by integrating computer vision with various other radiography techniques like CT scans [2]. No longer are the incision stitches or alternative incisions needed for post-mortem which need to be concealed from the beloved. Various imaging techniques like MRI, CT, X-ray, and ultrasound are used to retrieve the basic information about the patient, using AI technology an analysis of the patient can be done without any surgical invasive procedures. These advances can even diagnose mental disorders like dementia, Alzheimer’s disease, schizophrenia, and depression [3]. Even the field of ballistics is flourishing with the use of various techniques for the identification of firearms[4] and also for documenting the striation marks on the bullet for later comparison [5].

Another advancement in crime scene investigation is the automation of evidence collection. Crime scene reconstruction and documentation are time-consuming processes in which even the slightest negligence can be crucial to an investigation. Usually, there is huge manpower required for the proper documentation of the crime scene along with strong analytical skills for reconstructing the chain of events that have unfolded in the crime scene. Various studies have found multiple methods chained together with AI to document and recreate the crime scene. These include LiDAR (Light detection and ranging), AR (augmented reality), VR (virtual reality), and MR (mixed reality) [6]. This type of 3D documentation and recreation of the crime scene enables the complete documentation of the crime scene and later reusability in courts and during further investigation procedures [7]. In the future, even the chain custody will be more technology oriented like the use of RFID in documenting evidence. RFID will enable the easy tracking of evidence at the crime scene and even beyond it [8].

Soon it will be possible to have small flying drones and walking robots in a crime scene for evidence collection, analysis, documentation, and reconstruction of crime scenes with VR, AR, and MR. The evidence will be tracked with RFID and the paperwork will be soon changed into online web-based reports. Even the analysis will be with various AI and machine learning techniques incorporated. Allowing for a more efficient and high-resolution screening and testing of evidence. One day the crime scene itself can be projected in the court for the judges and jury to view.

Reference

P. Tu, R. Book, X. Liu, N. Krahnstoever, C. Adrian and P. Williams, "Automatic Face Recognition from Skeletal Remains," 2007 IEEE Conference on Computer Vision and Pattern Recognition, Minneapolis, MN, USA, 2007, pp. 1-7, doi:

10.1109/CVPR.2007.383060. keywords: {Face recognition;Image reconstruction;Skull;Layout;Law enforcement;Humans;Automation;Image databases;Spatial databases;Computed tomography},

Wan, L., Song, Y. X., Li, Z. D., Liu, N. G., Wang, Y. H., Wang, M. W., Zou, D. H., Huang, P., & Chen, Y. J. (2020). The approach of virtual autopsy (VIRTOPSY) by postmortem multi-slice computed tomography (PMCT) in China for forensic pathology.

Forensic Imaging, 20, 200361. https://doi.org/10.1016/j.fri.2020.200361

Sullivan, S. O., Holzinger, A., Zatloukal, K., Saldiva, P., Sajid, M. I., & Wichmann, D.

(2017). Machine Learning enhanced virtual Autopsy. Autopsy and Case Reports, 7(4),

3–7. https://doi.org/10.4322/acr.2017.037

Li, D. (2006). Ballistics projectile image analysis for firearm identification. IEEE

Transactions on Image Processing, 15(10), 2857–2865. https://doi.org/10.1109/tip.2006.877530

Handique, S., Saha, S., Suresh, R., & Mahanta, L. B. (2024). Development of an ai-enabled video capturing device for bullet trajectory analysis and ballistic research.

ITEGAM- Journal of Engineering and Technology for Industrial Applications

(ITEGAM-JETIA), 10(47). https://doi.org/10.5935/jetia.v10i47.1105

Maneli, M. A., & Isafiade, O. E. (2022). 3D Forensic crime scene Reconstruction

Involving Immersive Technology: A Systematic Literature review. IEEE Access, 10,

88821–88857. https://doi.org/10.1109/access.2022.3199437

Villa, C., Lynnerup, N., & Jacobsen, C. (2023). A virtual, 3D multimodal approach to victim and crime scene reconstruction. Diagnostics, 13(17), 2764. https://doi.org/10.3390/diagnostics13172764

Bolic, M., Borisenko, A., & Seguin, P. (2012). Automating evidence collection at the crime scene using RFID technology for CBRN events. Forensic Science Policy &

Management an International Journal, 3(1), 3–11. https://doi.org/10.1080/19409044.2012.710294

Written By:

Mr. Atul Raj 

Assistant Professor

Forensic Science Department

Harsha Institute of Management Studies

Criminal Appeal Number: 2024:BHC-AS:38777-DB

Date of Judgment: October 1, 2024

Court: Bombay High Court

Bench: Justice A. S. Chandurkar and Justice M. S. Karnik

RELEVANT SECTIONS

Section 302 in the Indian Penal Code – Punishment for murder

Section 376 in the Indian Penal Code – Punishment for rape

Section 201 in the Indian Penal Code – Causing disappearance of evidence of the offence, or giving false information to screen the offender

Section 34 in the Indian Penal Code – Acts done by several persons in furtherance of common intention

Section 509 in the Indian Penal Code – Word, gesture or act intended to insult the modesty of a woman

Section 120B in the Indian Penal Code – Punishment for criminal conspiracy

Section 450 in the Indian Penal Code – House-trespass in order to commit offence punishable with death or imprisonment for life

BACK STORY

A young woman was reported missing on the evening of April 18, 2018, following her departure from her Pune workplace. She was last seen by coworkers at approximately 9:00 p.m., according to the inquiry. Her family reported her missing, and the police started looking for her.

Her body was found two days later in a remote location close to the highway. For weeks, Sunil Rama Kuchkoravi, the main suspect, had been pursuing the victim. He and an accomplice were positioned close to the crime scene by eyewitnesses, just before the victim disappeared.

The victim had been violently attacked, raped, and killed, according to the evidence, and Sunil and his accomplice had then tried to dispose of her body to avoid being apprehended. Sunil's possession yielded important items, such as the victim's personal stuff and cell phone.

MEDICAL EXAMINATION REPORT

The post-mortem examination revealed multiple injuries:

Bruises and abrasions on the neck, indicating strangulation.

Torn hymen and vaginal tears, confirming sexual assault.

Ligature marks around the throat, consistent with asphyxiation.

Presence of semen in vaginal swabs, linking the accused to the assault.

The cause of death was determined to be strangulation, with injuries indicating a violent and intentional attack.

EVIDENCES

• Post-Mortem Findings
• Injuries Indicative of Strangulation
• Cause of Death – Strangulation
• Evidence of Sexual Assault
• Genital Injuries
• Presence of Semen

Trace Evidence

Victim's Personal Belongings in Possession of the Accused

Eyewitness Testimony Supporting Forensic Findings

FORENSIC REPORT

According to the forensic report in The State of Maharashtra vs. Sunil Rama Kuchkoravi, the victim's cause of death was strangling, which was corroborated by obvious neck ligature marks, abrasions, and bruises that suggested a severe and deliberate attack. Damages including a ripped hymen and vaginal tears were presented as proof of sexual assault, and the accused was directly linked to the assault when semen from vaginal swabs tested positive for the accused's DNA. Furthermore, the accused's attempts to keep and hide incriminating items were suggested by the trace evidence discovered in the victim's personal belongings, including her cell phone. Because witnesses positioned the accused and an accomplice close to the crime scene at the time of the victim's disappearance, their testimony further supported the forensic findings. The charges of murder, sexual assault, and attempt to destroy evidence under several sections of the Indian Penal Code are all supported by this evidence taken together.

JUDGEMENT

Under the Indian Penal Code, Sunil Rama Kuchkoravi was found guilty of murder (Section 302), rape (Section 376), and causing the disappearance of evidence (Section 201). The Bombay High Court maintained this judgment. The Court also acknowledged the part played by his accomplice, noting that both were subject to Section 34 accountability for actions taken in support of a shared goal.

The bench denounced the act's cruelty and sentenced them to life in prison, highlighting the horrific nature of the crime and its effects on the victim's family. The verdict emphasized how urgently strict laws against sexual assault are needed, highlighting how crucial victim justice and public safety are.

Mullai Malar.K

Volunteer of AFRS 

The Applied Forensic Research Sciences (AFRS) hosted its Annual Fourth Year Teachers' Day Award and Certification Ceremony on September 15, 2024, honoring the exceptional educators who have contributed significantly to the advancement of forensic sciences. The event, held in celebration of Teachers' Day, served as a platform to recognize and appreciate the dedication, innovation, and mentorship provided by educators across the field.

A Tribute to Educators

Teachers' Day is a significant occasion where educators are celebrated for their impact on shaping young minds and advancing knowledge in specialized fields. At AFRS, this day holds even greater meaning as it highlights those who are paving the way in the forensic sciences—an ever-evolving discipline that relies on continuous learning and expertise.

This year’s ceremony marked the fourth annual celebration, and it was a grand affair with attendees from various academic institutions, research centers, and forensic labs. The atmosphere was filled with excitement and pride as the winners were honored for their outstanding contributions in research, mentorship, and innovation within the forensic community.

The Awards and Recognition

The award categories covered a wide range of contributions, from Innovative Teaching to Research Excellence. The selection committee, consisting of senior educators and forensic experts, reviewed numerous nominations from across the country. After a meticulous evaluation process, the best of the best were chosen as recipients of this year's awards.

Winner List

The winners of this year’s awards are pioneers in their own right. Each has demonstrated an unparalleled commitment to their profession, and their efforts have had a lasting impact on both their students and the forensic science community. The event also featured inspiring speeches from key leaders in the field, congratulating the winners and motivating the next generation of forensic experts.

ABSTRACT

The case took place in the Kashmir valley that are Kunan and Poshspora. The incident was of 23rd February 1991 that witnesses a mass rape of more than forty women of the same village by Military personal. Basically, the incident starts during the anti- insurgency that was carried out for the militants that are suspected to hide in the village. For the purpose of interrogation, they took their men out and raped the women. The case is still pending in the court. The compensation to all the 40+ victims has been asked by Supreme Court to the State Human Right Commission on 2011 but till now nothing has been done. The victims, activists and various organizations are still in the hope to get the justice but when? That is unknown to everyone.

INTRODUCTION

Kashmir, the valley of eternal beauty and serenity. The place where lakhs of peoples are nurturing their future in the shadow of conflict and misguidance. Though Kashmir is famous for its various militant activities as well as the distress that is very prominent their on February 23rd 1991, this valley has experience yet another episode of rape and sexual assault but this time the perpetrator was our own Indian Military Forces. 

CASE BRIEF

⦁ Victim: The women of Kunan and Poshspora village [estimated 40+]

⦁ Accused: The 4th Rajputana Rifles of the Army’s 68th brigade

⦁ Date of Incident: 23rd February 1991

⦁ Location: Kunan and Poshspora village of Kashmir

⦁ Occurrence of crime: During Anti- insurgency operation by CRPF and BSF 

⦁ Crime Type: Mass rape with brutality involved

⦁ Case Status: Unsolved [March 23rd ,2024, 5 petitions pending in High court and Supreme court]

⦁ Statement by Supreme court: Compensation to all the 40 victims on 2011

⦁ Organization involved: Indian Defense Ministry, Human Right Commission, International Human Right Commission and other regional groups of the Jammu- Kashmir Coalition of civil society. 

BACKGROUND

The case often found its root since Indian Intelligence got the information of the militant activity near the region of two districts namely Kunan and Poshspora, situated in the Kashmir Zone. After the intellect, Central Reserve Police Force [CRPF] along the Border Security Force [BSF], conducted a joint operation in these area to catch the militants.

CASE SUMMARY

The case started on 23rd February with the forceful invasion of the army personnel into the houses of the villages of Kunan and Poshspora. They took all the men out of their houses in order to investigate but then the females on gun point are raped in front of their beloved ones. The age varies from 17 to 80 years. Syed Mohammad Yasin was that time Deputy Commissioner of Kupwara, he said “I was shocked to see the plight of the women… A woman told me that she was kept under jackboots by the soldiers while her daughter and sister- in – law was being raped in front of her eyes. A pregnant women was not spared either”.

INVESTIGATION

The local police was not ready to take up the case as the Indian Army declared the case ‘baseless’. They also accused them to have a ‘terror propaganda’. In July 1991, senior journalist B.G.Verghese led a Press Council of India team that gave the army a clean chit. Activists, condemned the PC 11 report was fabricated and biased. A committee was formed under the retired judge guidance but it was also been criticized by the Human Right Organization. 

NATIONAL ATTENTION

A book was released name ‘Do You Remember Kunan Poshspora?’ that grasp the national attention and then after the case is under High Court but till 2005. Since 2005 to 2013 there was not much progress and the case was also transferred in Supreme Court as the petition was filled by the victims. But not much effect was seen as the Defense was using its special powers.

INTERNATIONAL PRESSURE

After the involvement of the International Human Right Commission and articles that are been published in both national as well as international journals, make the case to get reopen in 2013. The case again faced the same problem of lack of evidences and facts. Till February 2024, Kunan Poshspora case is still in legal limbs with five petitions pending in the High Court and Supreme Court. 

Factors Complicating the Case:

⦁ Sanctions- Indian Defense Ministry has not granted sanctions for any cases and the investigation has been stayed.

⦁ Compensation- High court stayed the State Human Right Commission recommendation for compensation payment but not yet fulfilled.

⦁ Time – Police stated that the case was untraceable due to the time that has passed since the incident. Six survivors and witnesses have died during legal processes.

MEDICAL FINDINGS 

After the FIR filled on the second week of the mass rape happened, the medical team that went were refused to examine the victims as they did not want to be more suffered. But after the intervention, some victims were ready and it was found that the hymen were broken of many young girls and in the old women, there were marks of sexual abuse. These were the evidences that lead the case be accepted in court but still waiting to get a conclusion.

CONCLUSION

Kashmir witnesses such rape and murder very often by the militants as well as the officers. But this 33 years of struggle made by the Kunan Poshspora victims has lead the foundation that talks about their being a human and no matter who you are? And where u live? No one is authorized to do any sort of wrong deed. The social impact of this act was the aggression that present in every Indians after knowing the incident. 

Our army should maintain the decorum of the field they are in and respect the dignity of other as they want other to do so. Humanity is the biggest religion that shouldn’t be disrespected. Let’s wait till the judgment arises as ‘Justice Delay is Justice Denied’. But we also know that ‘Justice is Blind’ means it is impartial and objective; everyone is equal before law.

REFERENCES

• https://www.outlookindia.com 
• https://en.m.wikipedia.org/
• https://thediplomat.com/2020
• https://roundtableindia.co.in
• https://google.com

AUTHOR:-

Sanskriti Rani Sharma 

AFRS Volunteer