Mukesh Singh vs State (Nct Of Delhi) on 28 February, 2014
Author: Kailash Gambhir
Bench
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
State of Punjab , wherein it
was categorically held that Investigation being defective in nature
:29:
cannot be made a basis for acquitting the accused, more ... tantamount to plying into hands of Investigating Officer if
investigation is designedly defective.
It has already come on record by way of deposition
been observed that :
"5. In the case of a defective investigation the Court has to be
circumspect in evaluating the evidence. But it would ... into the hands of the
investigating officer if the investigation is designedly defective."
"The contaminated conduct of officials should not stand
been observed that :
"5. In the case of a defective investigation the Court has to be
circumspect in evaluating the evidence. But it would ... into the hands of the
investigating officer if the investigation is designedly defective."
"The contaminated conduct of officials should not stand
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Investigating Officer of the case.
21. 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
settled that the defect in the investigation by itself cannot be
a ground for acquittal. If primacy is given to such designed
or negligent investigations ... into the hands of the
investigating officer if the investigation is designedly defective.
Other circumstances
32. The post mortem of the deceased was carried
been given to him by the complainant. However,
the benefit of defect of investigation does not automatically accrue to
the accused. The court, in such ... into the hands of the
investigating officer if the investigation is designedly defective."
The Apex Court in the case of Paras Yadav v. State
mobile phone claimed by the complainant, that
would be a defect in the investigation, benefit of which would not accrue
to the appellant.
As held ... into the hands of the
investigating officer if the investigation is designedly defective."
The Apex Court in the case of Paras Yadav v. State
into the hands of the
investigating officer if the investigation is
designedly defective. (See Karnel Singh vs
State of M.P. : 1995CriLJ4173 ).
6. In Paras ... playing into the hands of
Investigating Officer if the investigation is designedly
defective. In the case on hand, I am of the opinion that