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State vs . Mahender on 6 April, 2023 cites

Union Of India vs Prakash P. Hinduja & Anr on 7 July, 2003

As a general principle, it can be stated that error, illegality or defect in investigation cannot have any impact unless miscarriage of justice is brought about or serious prejudice is caused to the accused. (Union of India vs. Prakash P. Hinduja AIR 2003 SC 2612). If the prosecution case is established by the evidence adduced, any failure or omission on the part of the I.O cannot render the case of the prosecution doubtful.
Supreme Court of India Cites 42 - Cited by 418 - G P Mathur - Full Document

Ram Bihari Yadav vs State Of Bihar & Ors on 21 April, 1998

If direct evidence is credible, failure, defect or negligence in investigation cannot adversely affect the prosecution case, though the court should be circumspect in evaluating the evidence (Ram Bihari Yadav vs. State of Bihar AIR 1998 SC 1850, Paras Yadav vs. State of Bihar AIR 1999 SC 644, Dhanraj Singh vs. State of Punjab AIR 2004 SC 1920, Ram Bali vs. State of U.P. AIR 2004 SC 2329).
Supreme Court of India Cites 6 - Cited by 352 - Full Document

Dhanaj Singh @ Shera And Ors vs State Of Punjab on 10 March, 2004

13. As far as the defective and illegal investigation is concerned, Apex Court held that if investigation is illegal or suspicious, the rest of the evidence must be scrutinized independent FIR No. 606/2017 PS Bh. Dairy State Vs. Mahender Page 11 of 18 of the impact of the faulty investigation; otherwise criminal trial will descend to the I.O ruling the roost. Yet if the court is convinced that the evidence of eyewitnesses is true, it is free to act upon such evidence though the role of the I.O in the case is suspicious. (Abu Thakir, AIR 2010 SC 2119). An accused cannot be acquitted on the sole ground of defective investigation; to do so would be playing into the hands of the I.O whose investigation was defective by design. (Dhanaj Singh vs. State of Punjab AIR 2004 SC 1920). Mere defective investigation cannot vitiate the trial.
Supreme Court of India Cites 11 - Cited by 371 - A Pasayat - Full Document
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