Court rejects CBI's plea for polygraph test in Scarlett case

The Children's Court for State of Goa here refused to concede to CBI's plea for permission to conduct lie detection test on Samson D'Souza and Placido Carvalho, both accused in Scarlett death case.

British teenager Scarlett's bruised semi-nude body was found at Anjuna beach near here on February 18, 2008. Goa police in their investigation had booked them for drugging, raping and leaving the 15-year-old Scarlett to die on the beach.

The CBI, which is investigating the case, had submitted before the court that the accused 'were not cooperating with them.' The central agency had taken over the investigation from Goa Police on June 05, 2008. Subsequently, the probe was commissioned through its special crime branch in Mumbai.

The plea by CBI claimed that the accused were summoned for investigation, but both of them did not cooperate with the agency. "Thus, it becomes essential and necessary to have both accused subjected to polygraph test at Central Forensic Science laboratory, Delhi."

The court, however, noted that Goa Police also had moved a similar application during its investigation before the court which was also rejected.

Judge B P Deshpande said both the accused had earlier moved an application before the court praying to restrain the CBI from making any tests, including lie detector test, on them without its consent.

"My predecessor passed the order considering the undertaking given by the CBI that it will take permission from the court, if desired to subject the accused to any tests," the judge observed.

He said because earlier application was disposed off on the basis of undertaking given by CBI that they will seek permission of the court, it does not mean that permission could be granted whenever such application is filed.