upon and such lapses ignored.
Noticing the possibility of investigation being designedly defective, this
Court in the case of Dhanaj Singh @ Shera ... into the hands of the investigating officer if
the investigation is designedly defective.”
23. Dealing with the cases of omission and commission, the Court
upon and such lapses ignored. Noticing the possibility
of investigation being designedly defective, this Court in the case
of Dhanaj Singh @ Shera ... into the hands of the
investigating officer if the investigation is designedly
defective.”
(Emphasis supplied)
23. Dealing with the cases of omission and commission
held that in a case where the
investigation is found to be defective the Court has to be
more circumspect in evaluating the evidence ... hands of the investigating officer who may
have kept the investigation designedly defective. This Court
said:
"It would have been certainly better
that the prosecution case cannot be doubted due to
the defective investigation because I.O. is not under the control
of the complainant ... into the hands of the Investigating
Officer if the investigation is designedly defective. Any
of
Investigating Officer, in fairness to the prosecutrix as
well
accepted is clearly without substance.
5. 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. See Karnel Singh v. State of M.P. .
6. In Paras Yadav
grounds of challenge was
defective investigations. It was held in the said case that in cases of defective
investigation the court has to be circumspect ... into the hands of the Investigating Officer, if the investigation is
designedly defective.
27. Learned Amicus Curie further pointed out some contradictions in the
testimony
attempt on their part to prepare
reports and documents in a designedly defective
manner which would have prejudiced the case of the
28
prosecution
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
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
