Cuttack, Feb 14: Accused Sushant Kumar Dhalasamant and his younger brother Sushil on Saturday, Feb 13 submitted to a Sub-divisional Judicial Magistrate (SDJM) court here that they were not willing to undergo a polygraph test as desired by the investigating police officer in connection with a double murder case.
The SDJM court was moved by police seeking polygraph test on the duo claiming that the accused persons were lying and not disclosing the facts of the case during the custodial interrogation.
To this the court had ordered that a polygraph test cannot be conducted by the prosecution without the consent of the accused. "My clients have declined to undergo the polygraph test when they were produced in the residential court of SDJM here on the day after the end of their two-phased 12-day police remand", the lawyer of the accused, Soura Chandra Mohapatra said.
"Under the provisions of criminal jurisprudence, a person is presumed innocent and it is the responsibility of the prosecution to establish his guilt", Mohapatra said, adding that a person accused of an offence need not make any statement against his will and he cannot be compelled to be a witness against himself as provided in Article 20 (3) of the Constitution.
Arrested on January 29 last, the brothers were on the day sent back to Choudwar jail on judicial custody. The two were arrested in connection with the case of abduction and murder of two youths, who had gone missing since December 2012.
The missing youths, Deepak Mallick alias Dipu and Om Swain alias Om were close associates of the Dhalsamant brother duo and working in their gang, according to the prosecution.
The brothers were also booked in separate cases for possessing liquor, fake identity cards, arms and their involvement in tender-related alleged extortion activities.