Ocular Evidence Prevails Over Medical Findings: Bombay High Court Upholds Rape Conviction Despite Negative Semen Report & Police Lapses High Court Cannot Pass Inconsistent Orders: Supreme Court Quashes Demolition Order Passed Despite Earlier Restraint In CMDA Regularisation Dispute Supreme Court Upholds Validity Of Open University Degrees Obtained Prior To 2017 Cut-Off Must Be A Polluter Before Being Held Absolutely Liable: Supreme Court Sets Aside NGT Order Against Art Of Living Over Yamuna Event, Orders ₹5 Cr Refund Father Cannot Be Deprived Of Minor's Custody Unless Proved Unfit: Allahabad High Court Hands Over 4-Yr-Old Child To Father, Sets Aside Trial Court Order Right To Speedy Trial Under Article 21 Integral To Personal Liberty': Punjab & Haryana High Court Grants Bail As 24 Witnesses Remain Unexamined No Specific Chemical Opinion That Seized Substance Was Ganja: Gujarat High Court Upholds Acquittal Under Section 2(iii)(b) NDPS Act Mere Pendency Of Criminal Cases Simplicitor No Ground For Externment': Karnataka High Court Quashes Raichur SDM Order Order VI Rule 16 CPC | Defendants Enjoy Greater Latitude In Altering Defence: Punjab & Haryana High Court Explains Doctrinal Leeway Under CPC Boarding Running Train Not Self-Inflicted Injury: Delhi High Court Sets Aside Order Denying Compensation Possession Of One Co-Sharer Is Possession Of All: J&K&L High Court Cannot Invoke Article 226 For Registering FIR Or Restoring Water Supply: Kerala High Court Natural Guardian's Sale Of Minor's Property Without Court Nod Is Voidable, Extinguishes If Not Challenged Within 3 Years Of Majority: Madras High Court Orissa High Court Rejects Cancer-Survivor Husband's Plea To Transfer Maintenance Case Presumption Of Correctness Of Judicial Records Not Absolute And Can Be Rebutted By Direct Evidence: Kerala High Court on Married Daughter Cannot Challenge Partition After 21-Year Slumber If She Had Knowledge: Madhya Pradesh High Court Kerala High Court Orders Immediate Suspension Of Lakshadweep CJM For Allegedly Forging Witness Deposition To Convict Accused Defect In Served Copy Of Affidavit Not Fatal: Supreme Court Restores Election Petition Challenging Lok Sabha Poll Result, Clarifies Law On Form-25 Attestation

Guilty Do Not Walk Free on Technicalities: Supreme Court Acquits Appellants, Calls for Dependable Code of Investigation

07 May 2024 8:19 AM

By: Admin


In a significant judgment that could set new standards for police investigation and admissibility of evidence, the Supreme Court of India called for a "consistent and dependable code of investigation." The Court, consisting of Honorable Justices B.R. Gavai, J.B. Pardiwala, and Sanjay Kumar, made it clear that gaps and inconsistencies in the prosecution's case would extend the benefit of doubt to the appellants, leading to their acquittal.

The judgment, delivered on September 21, 2023, focused on a murder case and significantly elaborated on when the accused can be said to be in 'police custody' for the admissibility of confessions under Section 27 of the Evidence Act. "An individual must be formally 'accused of an offence' and in 'police custody' for Section 27 of the Evidence Act to apply," the Court clarified. Any confessions made without attaining this legal status would be inadmissible under Section 26 of the Evidence Act.

Justice B.R. Gavai was quoted as saying, "The manner in which the police tailored their investigation, with complete indifference to the essential norms in proceeding against the accused and in gathering evidence; leaving important leads unchecked and glossing over other leads that did not suit the story that they had conceived; and, ultimately, in failing to present a cogent, conceivable and fool-proof chain of events pointing to the guilt of the appellants, with no possibility of any other hypothesis, leaves us with no option but to extend the benefit of doubt to the appellants." [Para 38]

The Court also emphasized the need for scientific police investigations. It mentioned past reports criticizing the current state of police investigations in India and stressed that a dependable code of investigation should be established. "It is high time, perhaps, that a consistent and dependable code of investigation is devised with a mandatory and detailed procedure for the police to implement and abide by during the course of their investigation so that the guilty do not walk free on technicalities, as they do in most cases in our country," stated the judgment. [Para 38]

Ultimately, citing "numerous gaps and inconsistencies in the prosecution's case," the Court concluded that "the appellants must be given the benefit of doubt, leading to their acquittal." [Para 38]

The judgment is expected to have far-reaching implications, particularly on how police investigations are conducted and how evidence is considered admissible in court.

Date of Decision: September 21, 2023

Rajesh & Anr.vs The State of Madhya Pradesh

 

Latest Legal News