culprit himself knows what moved him
to a certain course of action.
Defective Investigation:
46. Besides the above, contentions of the ld. counsels that investigation ... into the hands of the Investigating Officer if the
investigation is designedly defective. There is no manifesting defect in the
investigation It has been conducted
Sc No. 57995/16 State vs . Shamim Khan @ Salman Khan Etc Page No 1 Of
Apex Court observed that in 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.
35. Section 106 of the Indian Evidence Act 1872, illustrations
(a) when
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.'
Reference can also be made to Paras Yadav v. State
accordance with the requirement of law, and there has been some defect in the
investigation, it will not be to the benefit of accused persons ... into the hands of the investigation
officer if the investigation is designedly defective
30. The fact remains that not only the testimonies
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.'
Reference can also be made to Paras Yadav v. State
observed that " in case of defective
investigation the court has to be circumspect while evaluating the evidence. But
it would not be right ... into the hands of the investigation
officer if the investigation is designedly defective".
27. It is also borne out of record that the vigilance
pertain to insignificant aspects thereof.......".
29. As far as the defective and illegal investigation is concerned,
apex court held that if investigation is illegal ... ground of defective
investigation; to do so would be playing into the hands of the IO
whose investigation was defective by design. ( Dhanaj Singh
ground
of defective investigation, to do so would be playing into the hands
of the IO where investigation was defective by design. Moreover,
during testimony
fact that the insurance was done after inspection
Further defects in structure or faulty design is not possible to assess by mere
observation, they usually ... suit amount as damage to the wall was due to faulty
design and other reasons not covered under the policy as discussed above.
ISSUE
