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"Though the prosecution has to prove
the case against the accused in the manner
stated by it and that any act or omission on the
part of the prosecution giving rise to any
reasonable doubt would go in favour of the
accused, yet in a case like the present one
where the record shows that investigating
officers created a mess by bringing on record
dying declaration and GD Entry and have
exhibited remiss and/or deliberately omitted to
do what they ought to have done to bail out the
appellant who was a member of the police force
or for any extraneous reason, the interest of
justice demands that such acts or omissions of
the officers of the prosecution should not be
taken in favour of the accused, for that would
amount to giving premium for the wrongs of
the prosecution designedly committed to favour
the appellant. In such cases, the story of the
prosecution will have to be examined dehors
such omissions and contaminated conduct of
the officials otherwise the mischief which was
deliberately done would be perpetuated and
justice would be denied to the complainant
party and this would obviously shake the
confidence of the people not merely in the law
enforcing agency but also in the administration
of justice."