playing in the hands of Investigating
Officer. If the investigation is designedly defective and on that
ground the prosecution case cannot be thrown out specially
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
that we are conscious of the
fact that in case of a defective investigation, the court has to be
circumspect in evaluating the evidence ... into the hands of the
Investigating Officer, if the investigation is designedly defective.
Patna High Court CR. APP (DB) No.1113
that we are conscious of the
fact that in case of a defective investigation, the court has to be
circumspect in evaluating the evidence ... into the hands of the
Investigating Officer, if the investigation is designedly defective.
Patna High Court CR. APP (DB) No.1113
handling of evidence, collected at
the site of the incident, whether by design or otherwise but in no way could it destroy
the prosecution ... into the hands of
the investigating officer if the investigation is designedly defective (See Karnel
Singh vs. State
analysis. As per settled position of law, in the case of a
defective investigation, the court has to be circumspect in evaluating the
evidence ... into the hands of the
investigating officer if the investigation is designedly defective. If primacy
is given to a designed or negligent investigation
investigation is defective, that pales into
insignificance when ocular testimony is found credible and
cogent. In the case of a defective investigation the court ... into the hands of the investigating officer if the investigation
is designedly defective."
11. I have no good reasons to disbelieve the prosecutrix
investigation is defective,
that would pale into insignificance when ocular testimony
is found credible and cogent. In the case of defective
investigation, the Court ... into the
hands of the investigating officer if the investigation is
designedly defective.
Accordingly, the learned Public Prosecutor would
submit that there is no warrant
after duly conducting the investigation by PW.7.
38. Error, illegality or defect in investigation cannot have any
impact unless miscarriage of justice is brought ... into the hands of
the Investigating Officer if the investigation is designedly
defective. As observed by the Hon'ble Supreme Court of India
Fir No. 75/09; State vs . Imrana Etc. Page 1 Of 60 on 31 July
