oral and
circumstantial, and not by an isolated scrutiny.
* * *
40. ... 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
Court is bound to record any deliberate
dereliction of duty, designed defective investigation, intentional acts of
omission and commission.
18. Therefore, fairness in an action
Budhraj Singh Son Of Shamsher Singh, Jai ... vs State Of Uttar Pradesh on 26 May
attempt on their
part to prepare reports and documents in a designedly defective
manner which would have prejudiced the case of the prosecution
and resulted
prepared
the design of the Ghaggar Syphon and when the same was constructed in
accordance with the design, a defect was discovered to remedy which ... petitioner to explain. In other words. if the defect
in the design of t he Syphon was the sole reason for making
attempt on their part to prepare reports and
documents in a designedly defective manner which
would have prejudiced the case of the prosecution and
resulted
credible or not?
49. It is well-settled principle of law that defective investigation
should not be the sole criteria to disbelieve the prosecution story ... into the hands of the investigating officer if the investigation is
designedly defective. (See Karnel Singh v. State of M.P .)
62. In Paras Yadav
which according to the administration have been improperly constructed or contains defective designs, constructions or materials or in want of repair. Such alterations and repairs
into the hands of the investigation officer if the
investigation is designedly defective."
34. Where our criminal justice system provides safeguards
of fair trial ... 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
evaluate the evidence produced by the prosecution,
independently of the said defect and then decide whether the evidence
which the prosecution has produced is creditworthy ... into the hands of the
investigating officer if the investigation is designedly defective."
The Apex Court in the case of Paras Yadav v. State
