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27. Further, learned counsel for the appellants also relied upon Balwant Singh vs. State, 1976 C.L. R. (Delhi) 41 wherein it was held that once investigation is found to be tainted, the whole of the prosecution case becomes open to serious doubts and challenges. However, again this judgment is of no help to the appellants.

28. In Ram Bali vs. State of Uttar Pradesh, (2004) 10 SCC 598, the Supreme Court observed that in case of defective investigation the Court has to be circumspect while evaluating the evidence. But it would not be right in acquitting an accused person solely on account of the defect; to do so would tantamount to playing into the hands of the investigation officer if the investigation is designedly defective.

31. Where our criminal justice system provides safeguards for fair trial and innocent till proven guilty to an accused, there it also contemplates that a criminal trial is meant for doing justice to all, the accused, the society and a fair chance to prove to the prosecution. Then alone can law and order be maintained. The Courts do not merely discharge the function to ensure that no innocent man is punished, but also that a guilty man does not escape. Both are public duties of the judge. During the course of the trial the learned Presiding Judge is expected to work objectively and in a correct perspective. Where the prosecution attempts to misdirect the trial on the basis of a perfunctory or designedly defective investigation, there the Court is to be deeply cautious and ensure that despite such an attempt, the determinative process is not subserved. For truly attaining the object of a „fair trial‟, the Court should leave no stone unturned to do justice and protect the interest of the society as well.