Employees Cannot Pick Favourable Terms and Reject the Rest: Bombay High Court Upholds SIDBI’s Cut-Off Date for Pension to CPF Optees Rules of the Game Were Never Changed: Delhi High Court Upholds CSIR’s Power to Prescribe Minimum Threshold in CASE-2023 Resignation Does Not Forfeit Earned Pension: Calcutta High Court Declares Company Superannuation Benefit as ‘Wages’ Under Law Fraud Vitiates Everything—Stranger Can File Independent Suit Against Compromise Decree: Bombay High Court Refuses to Reject 49-Year-Old Challenge at Threshold Mere Long Possession By One Co-Owner Does Not Destroy The Co-Ownership Right Of The Other: Madras High Court State Cannot Hide Behind An Illegal Undertaking: Punjab & Haryana High Court Questions Denial Of Retrospective Regularization Article 21-A Cannot Be Held Hostage to Transfer Preferences: Allahabad High Court Upholds Teacher Redeployment to Enforce Pupil–Teacher Ratio Arbitrator Cannot Rewrite Contract Or Travel Beyond Pleadings: Punjab & Haryana High Court Quashes ₹5.18 Crore Award Director’ in GeM Clause 29 Does Not Mean ‘Independent Director’: Gujarat High Court Sets Aside Technical Disqualification Section 25(3) Is Sacrosanct – Removal of a Trademark Cannot Rest on a Defective Notice: Delhi High Court Not Every Broken Promise Is Rape: Delhi High Court Draws Clear Line Between ‘Suspicion’ and ‘Grave Suspicion’ in False Promise to Marry Case Section 37 Is Not A Second Appeal On Merits: Delhi High Court Refuses To Re-Appreciate Evidence In Challenge To Arbitral Award Recovery After Retirement Is Clearly Impermissible: Bombay High Court Shields Retired Teacher From ₹2.80 Lakh Salary Recovery Paying Tax Does Not Legalise Illegality: Bombay High Court Refuses to Shield Alleged Unauthorized Structure Beneficial Pension Scheme Cannot Be Defeated By Cut-Off Dates: Andhra Pradesh High Court Directs EPFO To Follow Sunil Kumar B. Guidelines On Higher Pension Claims Equity Aids the Vigilant, Not Those Who Sleep Over Their Rights: Punjab & Haryana High Court Refuses to Revive 36-Year-Old Pay Parity Claim Students Cannot Be Penalised For Legislative Invalidity: Supreme Court Protects Degrees Granted Before 2005 Yash Pal Verdict Restructuring Without Fulfilment of Conditions Cannot Defeat Insolvency: Supreme Court Reaffirms Default as the Sole Trigger Under Section 7 IBC Section 100-A CPC Slams The Door On Intra-Court Appeals In RERA Matters”: Allahabad High Court Declares Special Appeal Not Maintainable Mental Distance Between ‘May Be’ and ‘Must Be’ Is Long: Patna High Court Acquits Six in Murder Case Built on Broken Chain of Circumstances Where Corruption Takes Roots, Rule of Law Is Replaced by Rule of Transaction: Punjab & Haryana High Court Denies Bail to DIG Harcharan Singh Bhullar Mere Voter List and Corrected SSC Certificate Cannot Prove Paternity: Andhra Pradesh High Court Rejects 21-Year-Old Bid for DNA Test in Partition Appeal Section 147 NI Act Makes Offence Compoundable At Any Stage: Karnataka High Court Sets Aside Concurrent Convictions in Cheque Bounce Case After Settlement Bald Allegations of Adultery Based on Suspicion Cannot Dissolve a Marriage: Jharkhand High Court Once a Document Is Admitted in Evidence, Its Stamp Defect Cannot Be Reopened: Madras High Court

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