Breaking: Erring Prosecutors And Investigating Officers Must Be Proceeded Against In Case Of Unmerited Acquittals And Wrongful Convictions; SC [Download Judgment]

The Supreme Court has come up with yet another landmark judgment in Criminal Law which is in the right direction of cleansing the criminal prosecution system of our country. The Apex Court was considering a Criminal Appeal by the State of Gujarat against acquittal of an accused person, who was originally awarded death penalty by the Trial Court.The accused stood trial for rape and brutal murder of a six year old child. The case began on filing a complaint at Navrangpura Police Station, Ahmedabad, alleging the kidnapping/abduction of a six year old girl child on 27.2.2003 by the accused enticing the child with a "gola" (crushed ice, with sweet flavoured syrup), and later she was taken to a field and raped. The child was murdered by inflicting injuries on her head and other parts of the body with bricks and murderer took away the "jhanjris" (anklets) worn by her, by chopping off her feet just above her ankles. One of the most horrendous crime reported in the recent past.The Trial Court relaying on circumstantial evidence awarded death penalty, which was later reversed by the High Court and acquitted the accused. The State appealed to the Supreme Court, but the Court through the present judgment acquitted the accused. While doing so, the Apex Court felt deep anguish and noticed the appalling standards of investigation. It went on to give far reaching directions which will have to be followed by the Police and prosecution agencies in the country. Notably, the SC has directed that a training programme be put in place within 6 months which would ensure that those who handle sensitive matters concerning investigation/prosecution are fully trained to handle the same. And thereupon, if any lapses are committed by them, they would not be able to feign innocence, and will be made liable to suffer departmental action for their lapses.The judgment has been authored by Justice Jagdish Singh Khehar, who heard the matter along with Justice C.K. Prasad. The scathing observations of the Apex Court touch the conscience of the citizens and expose the inefficiency and failure of the concerned prosecution agencies in handling the investigation of the heinous crime. In the words of the Court, "He (accused) may be truly innocent, or he may have succeeded because of the lapses committed by the investigating/prosecuting teams". Reacting to the judgment former Supreme Court Judge K T Thomas J. said; "as a trial lawyer on the criminal side for a period of 17 years and a trial sessions judge for a period of 8 years and as appellate judge in High Court and Supreme Court for a period nearly 18 years i am of the view that 'unmerited acquittals' are on account of inefficiency or lapse or even connivance on the part of the Public Prosecutor. A defective investigation can be corrected by Public Prosecutor utilising different provisions of Cr. PC and Evidence Act. No doubt Supreme Court has rightly pointed out to the authorities that erring Investigating Officers must be made answerable to the real culprits escaping from the criminal liability due to the lapses of Investigating Officer. To that extend I welcome the judgment."The relevant extracts of the judgment are reproduced as below:"14. We have given our thoughtful consideration to the submissions advanced at the hands of the learned counsel for the appellant, which have been duly noticed in paragraph 9 hereinabove. It is also relevant for us to record, that the learned counsel for the appellant did not advance a single submission in addition to the contentions we have noticed in paragraph 9 above. The submissions advanced at the hands of the learned counsel for the appellant, were sought to be supported by judgments rendered by this Court, all of which have been referred to in paragraph 13 above. The submissions advanced at the hands of the learned counsel for the appellant, based on each of the judgments cited, have also been recorded by us in the said paragraph. Having considered the totality of the facts and circumstances of this case, specially the glaring lapses committed in the investigation and prosecution of the case (recorded in paragraph 11 of the instant judgment), as also the inconsistencies in the evidence produced by the prosecution (summarized in paragraph 12 hereinabove), we are of the considered view, that each one of the submissions advanced at the hands of the learned counsel for the appellant is meritless. For the circumstantial evidence produced by the prosecution, primary reliance has been placed on the statements of Bababhai Naranbhai Solanki PW2, Naranbhai Manabhai Solanki PW5, and Dinesh Karshanbhai Thakore PW6. By demonstrating inconsistencies and infirmities in the statements of the above witnesses, their statements have also been rendered suspicious and accordingly unreliable. There is also a...

Breaking: Erring Prosecutors And Investigating Officers Must Be Proceeded Against In Case Of Unmerited Acquittals And Wrongful Convictions; SC [Download Judgment]

M.A.Rashid

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