Search Results Page
Search Results
1 - 10 of 18 (0.70 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of U.P vs Anil Singh on 26 August, 1988
29. This submission of the learned counsel for the appellants is also liable
to be rejected. Even though the blood stained clothes of PW6 and 8
were not seized but their evidence establishes their presence at the
place of the incident. It is settled law that faulty investigation cannot
come in the way of dispensing justice. Investigating Officer may have
faulted in not collecting the blood stained clothes of the eyewitnesses,
but the benefit of defective investigation cannot accrue to the accused
persons. We need not burden this opinion with judicial
pronouncements in this regard; suffice to mention that one may
usefully refer to Sathi Prasad vs. The State of U.P. reported at AIR
1973 SC 448, State of U.P. v. Anil Singh reported at 1988 Supp SCC
686 (paragraph 17), Mohan Singh v. State of Madhya Pradesh,
reported at (1999) 2 SCC 428 (paragraph 11), Dhanaj Singh alias
Shera & Ors. Vs. State of Punjab reported at (2004) 3 SCC 654
(paragraphs 5 and 8), State of UP v Krishna Master, reported at
(2010) 12 SCC 324 (paragraph 15).
Dhanaj Singh @ Shera And Ors vs State Of Punjab on 10 March, 2004
29. This submission of the learned counsel for the appellants is also liable
to be rejected. Even though the blood stained clothes of PW6 and 8
were not seized but their evidence establishes their presence at the
place of the incident. It is settled law that faulty investigation cannot
come in the way of dispensing justice. Investigating Officer may have
faulted in not collecting the blood stained clothes of the eyewitnesses,
but the benefit of defective investigation cannot accrue to the accused
persons. We need not burden this opinion with judicial
pronouncements in this regard; suffice to mention that one may
usefully refer to Sathi Prasad vs. The State of U.P. reported at AIR
1973 SC 448, State of U.P. v. Anil Singh reported at 1988 Supp SCC
686 (paragraph 17), Mohan Singh v. State of Madhya Pradesh,
reported at (1999) 2 SCC 428 (paragraph 11), Dhanaj Singh alias
Shera & Ors. Vs. State of Punjab reported at (2004) 3 SCC 654
(paragraphs 5 and 8), State of UP v Krishna Master, reported at
(2010) 12 SCC 324 (paragraph 15).
State Of U.P vs Krishna Master & Ors on 3 August, 2010
29. This submission of the learned counsel for the appellants is also liable
to be rejected. Even though the blood stained clothes of PW6 and 8
were not seized but their evidence establishes their presence at the
place of the incident. It is settled law that faulty investigation cannot
come in the way of dispensing justice. Investigating Officer may have
faulted in not collecting the blood stained clothes of the eyewitnesses,
but the benefit of defective investigation cannot accrue to the accused
persons. We need not burden this opinion with judicial
pronouncements in this regard; suffice to mention that one may
usefully refer to Sathi Prasad vs. The State of U.P. reported at AIR
1973 SC 448, State of U.P. v. Anil Singh reported at 1988 Supp SCC
686 (paragraph 17), Mohan Singh v. State of Madhya Pradesh,
reported at (1999) 2 SCC 428 (paragraph 11), Dhanaj Singh alias
Shera & Ors. Vs. State of Punjab reported at (2004) 3 SCC 654
(paragraphs 5 and 8), State of UP v Krishna Master, reported at
(2010) 12 SCC 324 (paragraph 15).
Naresh Babu Sharma & Ors. vs State Of Nct Of Delhi & Anr. on 26 February, 2016
30. We may also notice a judgment of a co-ordinate bench of this Court,
of which one of us (G. S. Sistani, J.) was a member in Babu and
Others vs. State of Delhi reported at MANU/DE/1550/2017, held that
if any defect is found in the investigation, benefit of the same could
not be extended to the accused persons and they could not get any
benefit of the defective investigation until and unless they prove other
cogent evidence in their favour and belie the case of the prosecution.
It was further held that in the case of defective investigation, the court
has to circumspect in evaluating the evidence, but it would not be
right in acquitting the accused persons solely on account of the
defective investigation by the Investigating Agency.