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Duty of Court When There is Defective Investigation Duty of Court When There is Defective Investigation

Bronze medal Reporter Adv Rose Posted 7 Oct 2019 Read More News and Blogs
Duty of Court When There is Defective Investigation

Following is a leading judgment on the duties of court if there is a defective investigation. The law on this issue is well settled that the defect in the investigation by itself cannot be a ground for acquittal. If primacy is given to such designed or negligent investigations or to the omissions or lapses by perfunctory investigation, the faith and confidence of the people in the criminal justice administration would be eroded. Where there has been negligence on the part of the investigating agency or omissions, etc. which resulted in defective investigation, there is a legal obligation on the part of the court to examine the prosecution evidence dehors such lapses, carefully, to find out whether the said evidence is reliable or not and to what extent it is reliable and as to whether such lapses affected the object of finding out the truth. This is a one of the leading judgments in India.

It is a cardinal principle of criminal jurisprudence that the guilt of the accused must be proved beyond all reasonable doubts. However, the burden on the prosecution is only to establish its case beyond all reasonable doubt and not all doubts.While the protection given by the criminal process to the accused persons is not to be eroded, at the same time, uninformed legitimization of trivialities would make a mockery of administration of criminal justice.However, the Rule regarding the benefit of doubt does not warrant acquittal of the accused by resorting to surmises, conjectures or fanciful considerations.This appeal is directed against the judgment and order dated 17th February, 2012 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 1734 of 1983, whereby the High Court acquitted the accused persons - Respondents herein of the charges Under Section 302 read with Section 149 of the Indian Penal Code.

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