In an in-depth research article by Perry4Law
Organisation (P4LO) it has been revealed that the Aarushi
murder case reflects poor
cyber forensics usage by CBI and defense lawyers. The way
investigation and prosecution was conducted in the Aarushi case, it
is clear that electronic evidences were not given the importance that
they deserved. It was very much possible to ascertain the truth with
great certainty if electronic evidences were forensically acquired by
CBI and the defense lawyers used the same while examination and cross
examination of the prosecution witnesses.
However, the case was decided merely on the basis of
circumstantial evidences that also relying upon many presumptions and
circumstances. Some of these presumptions and circumstances could
have been proved or disproved by using electronic evidence and cyber
forensics methods.
Nevertheless, both CBI and defense lawyers neglected
the cyber forensics angle and the case was decided by the lower court
based upon the version given by CBI. It is not clear what would the
fate of this case at the higher court level be as the High Court has
to keep in mind many more considerations besides the circumstantial
evidences on the basis of which the prosecution case rests.
The logs, details and data from the accessed
websites, computer’s hard disk, router’s logs, etc could have
provided valuable lead and evidences regarding the case, opines
Praveen
Dalal, the leading techno legal lawyer of Asia. The
digital evidence from all available technology platforms and
instruments must have been analysed in depth and they must have been
used by the parties to the case for claiming rights and avoiding
liabilities, says Dalal.
India has recently announced the digital India
initiatives that intend to strengthen e-delivery of services in
India. However, along with e-delivery of services, Indian government
must also be ready to deal with increased cyber crimes. We have very
few initiatives in India that are catering to the requirements of
cyber
crimes investigation and cyber
forensics analysis of the growing cyber crimes and cyber
contraventions happening in India. Indian government must ensure
modernisation
of law enforcement agencies of India as soon as possible along with
making them accountable
to the Parliament of India.
