Saturday, October 10, 2009

अनुभव

लेख

Article on Kaphle

Tracking down

"Anup Kaphle",

Kathmandu,



Aheinous crime committed, the criminal absconding, the police and criminal agencies cannot solve the case by any means. Enter Forensic Science. It has developed thousands of broad solutions for solving such cases. Forensic science can be best explained as the application of science to criminal and civil laws enforced by police agencies in a criminal justice system. In fact it is a bridge between law and science, which includes different branches that find application in evidence analysis and crime scene investigation and reconstruction.

Forensic science involves the application of the principles and techniques of natural and physical sciences to analyse many types of crime scene evidence and reconstruction. It provides expert testimony concerning those results and conclusions.

It involves the analysis of physical evidence, which is carefully analysed based upon physical evidences that may have been recovered. Forensics’ another role is to provide expert testimony. “As the findings of a scientist may ultimately determine a person’s guilt or innocence, forensic scientists are required to testify in court with respect to their field expertise, methods used, and conclusions made on the evidence collected at the crime scene,” says Padma Raj Kaphle, fingerprint and handwriting expert and trustee of Nepal Forensics Society.

Forensic science has, within it, various methods of getting through the case.

Fingerprints: There are three basic fingerprint patterns — loops, arches and whorls according to Kaphle. Every human being falls into one of these three patterns. Within these patterns are what we call minutia points. Kaphle informs, “There are about 30 different types of miniature points, and no two people have the same types of minutiae of the same number in the same places on their fingertips. This is why our fingerprints are totally unique.”

Fingerprint patterns are hereditary. They are formed before one is born. So, fingerprints are best for identification purposes because they are totally unique and they never change. Fingerprints are formed underneath the skin in a layer called dermal papillae. “As long as that layer of papillae is there, the fingerprints will always come back, even after scarring or burning,” he describes.

Gloves do not necessarily help from leaving fingerprints. Surgical gloves were made to keep surgeons from infecting their patients and one can actually leave prints through surgical gloves. They fit so tightly that fingerprints ‘pass through’ the latex membrane. They can also be turned inside out to yield fingerprints from the inside surfaces. Leather gloves can be treated in the same manner, which can leave a print that is unique to that glove and no other. Even cloth gloves such as mittens, can leave a distinctive print that can be traced back to the mitten that made it. According to Kaphle, “Prints are made on a surface because we are constantly secreting water, body oils and other compounds through our pores. This material is left on the surface in the form of fingerprint.”

Different surfaces require different techniques for developing prints. In the movies, detectives are seen with brushes. They are powders that process the prints. Minute particles of powder cling to the print residue as the brush passes over it. The print is then lifted with tape. Another process involves fuming. Vapours of iodine and superglue will coalesce inside the print residue to reveal a latent print. Fingerprints can also be developed on objects that have been in water. Prints can be developed off the skin (such as from the neck of a strangulation victim). There are very few surfaces on which a print cannot be developed.

Computers have revolutionised the techniques used to match fingerprints. Until recently, the old standard was the Henry Classification System; a cumbersome sequence of letters and numbers broken down into several levels of classification. It could take weeks, sometimes months to compare a suspect’s fingerprint with a department’s print files. The advent of digital technology has changed all of that. Prints can be scanned directly into a computer, doing away ink and fingerprint cards. Prints can be compared at a rate of 4,00,000 per second, which no one could do in their lifetime. This is called Automated Fingerprint Identification System (AFIS). Departments input all the prints from arrests and all of the print cards they already have on file to create an historical record. They also input all prints from any unsolved crimes, in the hope that a hit might come up from a routine arrest.

Handwriting: Handwriting analysis (Graphology), as a part of a battery of other psychological tests, also attracts some consideration and interest in the court of law. In cases of custody of children, following divorce, graphology is also listened to as a reinforcement of the personality assessment performed by the psychologists.

“Handwriting originates from thoughts in the brain and these thoughts and ideas are merely put into a viable and understandable form by the hand. The actual output is almost never an exact match of the original mental picture,” informs Kaphle.

The scientific side of this is based on experiments, statistical data, measurements and combination of technical characteristics. Just as fingerprints can be identified by unique combinations of loops and whorls, so each person’s handwriting contains particular combinations of unconsciously projected characteristics which, taken together, comprise the person’s personality.

Handwriting is distal; it occurs at extremities and involves fine motor activity. “One reason individuals find it difficult to stimulate the handwriting of others is that to do so successfully requires understanding the essence of the writer’s motor control programme and executing the same. Handwriting, being a free-form activity, it is highly unlikely that any person will write his own name exactly the same way twice in an entire lifetime,” Kaphle reasons.

Actually, every person has a range of handwriting variation determined by his physical writing ability, training in ‘penmanship’ and other factors. To an expert, a study of known samples of writing reveals individual writing characteristics, which can allow the expert to identify or exclude an individual as the author of the same.

Depending on the cultural setting when writing skill is learned, entire groups of individuals may be trained to write in the same way. As we grow and mature physically and personally, our handwriting becomes more of an individual product — through conscious changes made to fit a mental picture of how we want our writing to appear, or unconsciously. “Through

handwritings, we can trace out the exact person. But if there is a long time interval between the samples taken, the conclusion cannot be effective,” informs Mahendra Thapa, handwriting expert at Nepal Forensic Science Laboratory, RONAST. Handwriting is also affected by injuries, illness, medication, drug or alcohol, stress, the writing surface and instrument or attempted disguise.

DNA: DNA is pretty similar in case of all human beings. Everyone who has blue eyes has pretty much the same code for blue eyes and those with brown hair have same code for that hair. But these coding sequences are separated by ‘junk’ DNA, which itself is non-coding and only serves to separate the coding sequences.

These sequences are totally random and unique to an individual. The examining labs have samples of DNA, taken from a representative population group. These are entered into a database, to which the questioned DNA is compared for frequency among the particular population group.

परिचय

Kaphle's Short Intfroduction
OCCUPATION:
1. Present occupation: Handwriting & Fingerprint Examination and pleading to the same in the courts.
2. Ex - Deputy Chief Officer of His Majesty's Government Employee's Provident Fund ( KSK ) of Nepal .
EDUCATION:
1. Master in Arts, Tribhuvan University, 1974.
2. Bachelor in Law, Tribhuvan University, 1970.
3. Bachelor in Arts, Tribhuan University, 1968.
OBSERVATIONS STUDY:
1. Observation Studies: Georgia Bureau of Investigation, USA, 1996
2. Observation Studies: Science of Crime Research Bureau, Athens, Greece. 1991.
TRAININGS:
1. Social Security System and Administration: Cyprus, 1990.
2. Social Security Management: Kenya. 1988.
3. Provident Fund Management: Philippines. 1988.
4. Provident Fund Management: Singapore. 1985.
5. Provident Fund Management: Malaysia. 1985.
6. Provident Fund Management: India. 1979.
7. Handwriting Identification: Indian Institute of Criminology, Nag pure, India. 1977.
8. Fingerprint Science: Central Fingerprint Bureau, Calcutta India, 1976.
TRAINER FOR:
Judicial center
Nepal Bar Association, Kathmandu Bar
National Forensic Laboratory
For the District Judges organized by UNDP
Banks
EXPERIENCE:
1. Consulting Expert in Handwriting & Fingerprint Disputes to the Courts, Secretariat of Council of Ministers, Police Officials, Banks, Chief District Officials and other institutions in Nepal.
2. Advisor to the Department of Special Police in the field of Crime Investigation as an Expert, 1977-1983.
3.Trainer in the subject of Handwriting and Fingerprint Identification System to the Professional Advocates of Kathmandu Bar Association.
4. Visiting Lecturer of Handwriting & Fingerprint Science to the Judicial Service Center since 1982.
5. Practicing Lawyer in the Courts relating to Handwriting & Fingerprints cases in Nepal.
6. Deputy Chief Officer in His Majesty's Government Employees Provident Fund, one of the largest financial Institutions in Nepal, unto 1994.
Drafted Bills for enactment for the Parliament relating to the Government Employees Provident Fund (KSK).
Drafted By-laws and various legal documents.
Worked as the top management as a policy making body.
Managed the accounting system, according to prescribed by law.
Solved all the legal problems of KSK.
Worked as a final authority for loan and other transaction sanctions.
Worked as an executive officer in different branches of KSK.
Identify the persons through their Handwriting & Fingerprints.
PUBLICATIONS:
BOOKS (Nepalese Language)
1 Handwriting Disputes and Court, 1984.
2.Handwriting and Fingerprints Examination System, forthcoming.
RESEARCH ARTICLES (Relating to Legal fields, Nepalese Language)
1. Forensic Science, NEFOS newa letter, October 2006, volum2, Issue 2.
2.An Introduction of INPALMS (Indo-Pacific Association of Law, Medicine & Science ) , NEFOS newa letter, October 2004, volum2, Issue 1.
3 Human Rights Commission, Gorakhapatra, 1995 (2052, Pausa 1.)
4. Voters Identity Card, Gorakhapatra, 1994 (2051, Chaitra 1.)
5. Fingerprint as a Signature, Eastern Zonal Court, 1982.
6. Whether the writing is written after the signature is affixed NEPAL LAW DIGEST, 1981.
7. Expert's Opinion and Rules of Cross Examination, LAW, 1978.
8. The Rule of Fingerprint Science, NYAYIK, 15th Issue, 1975.
9. Handwriting Dispute and Law, Police, 1st Issue, 1975.
10. Legal System and Handwriting Science, NYAYADOOT, 26th & 27th Issues.
RESEARCH ARTICLES: (Relating to Economic fields, Nepalese Language)
1 A Few Glamorous of Provident Fund, JANACHETANA, Baishak, 1995.
2. Military Provident Fund as a first Provident Fund Scheme, KOSH, 1984.
3. Birth of Employee's Provident Fund & Rules for Loan, KOSH, 1982.
4. Provident Fund System in Singapore & Malaysia, KOSH , 1982.
5. Common Insurance Scheme for Family welfare Project, KOSH, 1982.
AFFILIATION WITH PROFESSIONAL & SOCIAL ASSOCIATIONS:
1. Founder President, Nepal Forensic Society, 1996
2. International Association for Identification, Member, 1985 - 1990.
3. Nepal Law Society - Member.
4.Kathmandu District Court Bar Association - Member.
5. Nepal bar Association Central Executive Council - Councilor.
6. Ex-Employees Provident Fund Society - Founder-Chairman.
7 Lions Club of Kathmandu Capital, First Vice President, Dist.325-A Nepal.
AWARD, CERTIFICATES & HONOR:
1. Honored for the long service to the people in Law and forensic sector by the Nepal Bar Association's Golden Jubilee celebration on / / 2005
2. Awarded with a certificate for the long period service to the Judiciary in the field of Questioned Documents and Fingerprint Disputes in the Courts by the Kathmandu Bar Association, 1996.
3. Awarded with a PRATIBHA PURASKAR by Palpali Sangam, Nepal 1995.
4. A LONG SERVICE AWARD awarded by Rt. Honorable Prime Minister, 1994.

WHO'S WHO:
1. Bio-data published in WHO'S WHO - NEPAL on page 101 published by National Research Associates, Nepal in 1992.
2. Bio-data published in REFERENCE ASIA, Volume Ninth (1995), Asia's Who's Who of Men & Women of Achievement, page 533 published by Rifacimento International, New Delhi, India.
3. Bio-data published in ASIA/PACIFIC-WHO'S WHO, page 323, published by Rifacimento International, Delhi, India.
4. Referenced as Nepal's Lawyer Member in ALPHA UNIVERSAL WORLD TRADE LAWYERS, http://www.alphauniversal.com.br/paises/nepal.htm

WRITTEN MATTERS BY SOME ONE:
Mr. MOINE QURESHI, a Journalist and Lecturer of Pakistan published an article ' It's Nepal after all ' in DAWN daily News Paper on May 13, 1988. A few words are read as: "We were welcomed by Mr. P.R.Kaphle, Dy. Chief Officer of KSK an extremely courteous, soft-spoken and fair complexioned middle aged gentleman with whom we later developed not only mental equation, but an enduring friendship too. Slightly, but solidly built Mr. Kaphle wields multi - faceted personality, being an administrator, an author, a Handwriting and Fingerprints expert, a legal practitioner - all at the same time."
Experienced in Handwriting & Fingerprint Examination
He is a Senior Nepalese Expert in Handwriting and Fingerprint Science. He is serving in this field for more than 32 years. Almost all the courts and law enforcement agencies in Nepal send him original documents for his opinion, which are accepted as evidence. He is also an expert of the law relating to Forgery, in Nepal.
Key works for the development of the Science:
He has organized various seminars, workshops, and trainings and talk programs for the Judges, Attorneys and officers of the courts, bank officials, financial institutions and trained them to identify forgeries. He gives even free identification service to the needy people.
Almost all Lawyers including Senior Advocates seek for his advice where the Document suspect to be forgery or jenune. He is also a well known lawyer in Nepal .

मेमोरियल इवेंट

Kaphle's Memorial Event
In 1961, when I was an employee of a financial institution, someone forged my signature. I knew it was not mine, but I did not know how to identify the forged signature. This incident gave me a feeling that I should learn the science of identifying handwritings as well as fingerprints.
In 1969, while preparing for my Bachelor of Law examination, I came across a book by an Indian writer, Mr. M. K. Mehata entitled “Identification of Handwriting and Cross Examination of Experts”. I read the book several times but could not understand much on my own. I therefore wrote a letter to Mr. Mehata in Delhi stating my problems in understanding the basic facts and their explanation with respect to disputed and specimen writings.To my greatest surprise, Mr. Mehata responded to my queries and sent me a lot of photographs with markings of the facts, their explanations, and respective pages of his books as reference. After completing my B.L in 1970, I bought some more books on the subject and studied further through correspondences with Mr. Mehata. The more I knew the subject the more I developed my interest.
In mid ’70s, I requested my office to arrange a training programme with the appropriate agency in India. The following year I was offered a Government of India scholarship under the TCS Colombo Plan to undertake a training course on fingerprints at the Central Fingerprints Bureau in Calcutta. During the training period, besides different aspects of fingerprints, I also had an opportunity to learn various areas of handwriting identification and detection of forgeries. After the completion of my training and getting back to Kathmandu, I started practicing at the Supreme Court of Nepal. In those days, only the Police Officials were allowed to examine the disputed documents, and such documents along with expert opinions were kept in sealed envelopes as confidential records.
Neither the lawyers of the concerned parties had access to the confidential records nor the experts were allowed to take photographs of the disputed and specimen writings. The Police experts were also not allowed to be cross examined. Their opinions were unchangeable and final. In such an environment, I requested the Registrar of the Supreme Court for a copy of the expert opinion and permission to photograph the disputed and specimen documents in the Court premises. Though the Registrar was legally authorized to give such permission, he did not dare to break the traditional practice of the Court and therefore forwarded my request to the Chief Justice. The Chief Justice was also not in favor of breaking the traditional practice and he ordered to submit my request to the Full Court, in which all the Judges of the Supreme Court were present. The Full Court, after hearing the arguments, decided to permit me to photograph in the Court and also ordered to make available a copy of the expert’s opinion to the concerned parties of litigation. Those decisions facilitated me to review the expert’s views, and in quite a few cases, I found the opinions of the Police experts totally wrong. I presented the actual facts in the form of enlarged photographs to the Judges of the Supreme Court and requested them to allow me to cross examine the experts. The Supreme Court allowed me to do so and in a number of cases, the opinions of the Police experts were rejected. As a result, the Supreme Court decided not to send any further document to the Police for examination.
In the mean time, I also began to share my experiences on this subject with the Judges of the Courts, Government as well as private Advocates, officers of Banks and financial institutions through lectures, discussions, seminars, and conferences. In addition to that, I conducted several talk programmer for the Bar members in different Courts throughout the country. I also arranged short training programmers for the officers of the Bureau of Intelligence. Furthermore, I published several articles in the legal and Police journals.
I started teaching handwriting and fingerprint identification system to the new recruits of the judicial services since 1981. These days when I see my trainees serving as Supreme Court or Appellate Court Judges, I really get satisfaction on my humble effort. As a result of my effort, they are now doing quite well even without the help of experts in forensic handwriting and fingerprint cases.
I have established an association named as Nepal Forensic Society under my chairmanship in 1953. My desire is to extend such societies to the countries of the world which would strengthen the forensic science and assist our respective Courts to reach the truth.
I wanted to meet my teacher Mr. M. K. Mehata in person whom I had never seen before. I requested for the date and time convenient to him. I reached Delhi Airport on the agreed upon date and made a telephone call from the Airport. Someone from the other end replied that he is no more in this world. He had just passed away a couple of hours ago. I could not believe it, however, I had to accept the truth. Unfortunately, my strong desire to see my respected teacher did not materialize.
This story is dedicated to Mr. Mehata, my respected teacher, in appreciation to his untiring effort to educate me in the field of fingerprints and identification of handwritings.