casual manner
without specifying the details of the documents. This defect in the
investigation does not affect the case or prosecution in the present
case ... into the hands of the investigating officer if the
investigation is designedly defective."
STATE VS. JAI BHAGWAN TYAGI
Cbi vs . 1. Rajesh Kohli, on 7 December, 2012
1
CBI case . No.20/11
Cbi vs . 1. Rajesh Kohli, on 7 December, 2012
1
CBI case . No.22/11
Cbi vs . 1. Rajesh Kohli, on 7 December, 2012
1
CBI case . No.24/11
Cbi vs . 1. Rajesh Kohli, on 7 December, 2012
1
CBI case . No.23/11
Cbi vs . 1. Rajesh Kohli, on 7 December, 2012
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CBI case . No.21/11
also drawn up a defective seizure memo. It was held in this 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.
18. In another case namely Baleshwar Mandal Vs. State of Bihar
should an accused go scott free or the complainant be
disbelieved for defective/faulty/negligent investigation (Balwant Singh v. State
of Haryana ... tantamount to playing into hands of investigating
officer if investigation is designedly defective.
37. Accordingly, in view of my above discussion, the incident of house
scott
free or the prosecution story disbelieved merely on account of defect in
investigation. Reliance may be placed upon the law laid down in Balwant ... tantamount to playing into hands of investigating
officer if investigation is designedly defective" ( Karnel Singh v. State
cannot be said to be vitiated on account
of the defect as the defect in the investigation precedent to trial
could be cured ... 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