'I did it...': Why Aaftab's 'confession' can't be used against him? No murder weapon, lack of evidence roadblock probe

Aaftab Amin Poonawala, accused of strangling his live-in partner Shraddha Walkar to death and dismembering her body, has not yet confessed to killing his girlfriend in the court of law, his lawyer said on Tuesday. This contrasts police's assertion that Poonawala has confessed to killing Walker and dumping her body parts at different locations across Delhi.

In his court appearance today, where his police remand was extended by four days, Aaftab, represented by Defence Counsel Abinash Kumar, said that his actions were “not deliberate”. The accused said he killed his live-in partner in “heat of the moment”. 

However, Aaftab’s confession to the murder and disposal of the body, which was not made before a magistrate, will not count as admissible evidence. While he repeated the statement in court today, that won't count either, as it was a remand hearing and not the actual trial, reported NDTV. 

With all the evidence in the six-month-old murder being circumstantial and no primary witnesses, the police are relying on forensic science to build a strong case. 

While Aaftab has told the police that he killed Shraddha on May 18, the absence of body will now force the police to establish the fact that Shraddha was not alive post May 18. Cops are reaching out to her close friends and acquaintances to check if she contacted anyone after May 18, reported NDTV. 

Also Read | Narco test decoded: What is 'truth serum', to be given to Aaftab Poonawala? Are 'confessions' admissible in court?

Furthermore, it is yet to established that the human remains recovered based on Aaftab’s statement are of Shraddha. The police are trying to match the DNA samples of the remains with those of Shraddha’s father and brother. The report from the Central Forensic Science Laboratory is expected within a week. 

The police are also yet to find the murder weapon, which might not be there at all, since Aaftab claims she strangled Shraddha in “fit of rage”. While the police have recovered the tools Aaftab used to dismember the body into 35 parts, extracting forensic evidence from them seems impossible. 

NDTV quoted sources saying that the probe focused on bathroom where Aaftab purportedly chopped the body into 35 pieces. After breaking the tiles, they found evidence of blood, which has also been sent for DNA test. 

The process for the court-sanctioned polygraph test on Aaftab was initiated by the Rohini Forensic Science Laboratory (FSL) today, informed Delhi Police sources. The narco test can only be done once the polygraph test has been conducted. However, these reports will not be admissible in court either.

The Supreme Court ruled in the Selvi vs State of Karnataka & Anr case (2010) that results of the tests cannot be considered “confessions," but any information or material discovered as a result of such a voluntarily administered test can be admitted as evidence, reports stated.

The Supreme Court cited Article 20 (3), or the right against self-incrimination, which states that no accused can be forced to testify against himself. In the 1997 case of D.K. Basu vs. State of West Bengal, the Supreme Court ruled that involuntary administration of the polygraph and narcos test constituted cruel, inhuman, and degrading treatment under Article 21 of the Constitution, or the Right to Life and Liberty. It may also violate the Right to Privacy, which is a component of the Right to Life.

The results of these tests are not admissible as evidence under the Indian Evidence Act of 1871.