New Delhi, Apr 28 (PTI) The Supreme Court on Tuesday said an inept investigation or a scripted enquiry both are fatal to criminal prosecution but the latter has “lethal consequences” when there is a possibility of innocent persons being crucified.
The observations came from a bench of Justices Sanjay Kumar and K Vinod Chandran which acquitted the accused persons in a murder case registered in July 2008 in Assam.
The apex court said the crime was left unresolved and considerable time and money were spent in the prosecution of 16 persons, some of whom died during the trial and the others suffered incarceration for long periods.
“An inept investigation or a scripted enquiry, both are fatal to criminal prosecution; but the latter has lethal consequences when there is a possibility of totally innocent persons being crucified,” the bench said in its verdict.
The top court delivered its judgment on the appeals filed by the accused challenging a March 2021 verdict of the Gauhati High Court, which had upheld their conviction.
The bench noted that 16 persons were charge-sheeted, of whom one died during the trial.
It said 12 accused were convicted and sentenced for the alleged offences including under section 302 (murder) of the erstwhile Indian Penal Code (IPC).
The high court had upheld the conviction and sentence awarded to 11 while one was acquitted.
The top court noted that the convicted persons have filed appeals before it and two of whom have passed away.
The prosecution had alleged that in July 2008, the victim along with five others was returning home on four motorcycles when they were attacked by the accused.
The prosecution alleged that the victim died due to the brutal attack with sharp-edged weapons while two others sustained injuries.
Dealing with the appeals, the apex court observed there was no credible evidence to substantiate the prosecution’s case.
“The weapons seized were neither sent for forensic analysis nor were they confronted with the eye-witnesses or the doctor who conducted the post-mortem,” it said.
The bench said it was unfortunate that the police officer, who reached the spot immediately after the incident took place, failed to follow due procedure to put the criminal investigation in motion as per the Code of Criminal Procedure (CrPC), 1973.
“Be it ignorance, inefficiency or malicious motivation, the crime is left unresolved and considerable time and money have been spent in the prosecution of 16 persons, some of whom died during trial and the others suffered incarceration for long periods,” the bench said.
It said the state and its home department would do well to better equip their officers in investigating crimes and educating them on the due procedure.
While allowing the appeals, the bench acquitted the appellants. PTI ABA ABA KSS KSS
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