that an acquittal should not be recorded if the investigation is designedly defective have been considered recently in the Apex Court decision in Dhanaj Singh ... into the hands of the Investigating Officer if the investigation is designedly defective. (See Karnel Singh v. State of M.P. .
6. In Paras Yadav
that the
defect in the investigation by itself cannot be a ground for acquittal and if primacy
is given to such design or negligent investigation ... into the
hands of the investigating officer if the investigation is
designedly defective."
The same was reiterated in State Of Gujarat vs Kishanbhai
mockery. Doubts are raised about the roles of
investigating agencies. Consequences of defective
investigation have been elaborated in Dhanaj
Singh v. State of Punjab ... into
the hands of the investigating officer if the
investigation is designedly defective.
(See Karnel Singh v. State
also stated to be defective since the
gun was not sent for forensic test. In the case of a defective
CRL. A.606/2018 ... into the hands of the investigating officer
if the investigation is designedly defective. (See Karnel
Singh v. State of M.P. )"
COURT‟S REASONING
mockery. Doubts are raised about the roles of investigating
agencies. Consequences of defective investigation have been
elaborated inDhanraj Singh @ Shera and Ors. v. State ... investigating officer if the investigation is designedly
CRL.A. 830/2013 Page 11 of 20
defective. (See Karnel Singh v. State
upon and such
lapses ignored. Noticing the possibility of investigation
being designedly defective, this Court in Dhanaj
Singh v. State of Punjab ... into the hands of the investigating officer if the
investigation is designedly defective."
28. Dealing with the cases of omission and commission,
the Court
learned counsel lastly contended that the investigation in the present case was defective since the Investigating Officer has not promptly recorded the statements ... hands of the Investigating Officer even if the investigation is designedly defective (see State v. Gurmit Singh
State of U.P. has held
In the case of a defective investigative the court has to be circumspect in evaluating the evidence ... into the hands of the investigating officer if the investigation s designedly defective.
26. Learned Counsel has also submitted that as the names
defective investigation, if any, would not come
in the way to uphold the order of conviction. She submitted that in
the case of alleged defective ... into the hands of the Investigating
Officer if the investigation is designedly defective [AIR 1995 SC
2472]. As per Ms. Gajare, the prosecution placed before
circumstances.
20. As rightly submitted by the learned Public Prosecutor, neither the defective investigation, if any, nor the discrepancy in the oral evidence ... tantamount to playing into hands of investigating officer, if investigation is designedly defective and perpetuating the designed mischief. Therefore, as rightly submitted by the learned
