SUCCESSFUL PROSECUTIONS – A FEW IDEAS 

1)      No doubt, crime is to be curtailed; equally offenders shall have to be   punished.      There   will   be   no   second   opinion   from   any quarters over this issue.

2)      Are the laws enacted quite long time before sufficient enough to be a “SWORD”  against  offenders  so  as  to  curtail  the  offences which is the important duty of the State towards citizens. Now, we  are  in  utmost  modern  world; science  is  developing  day  by day with unique changes in all fields.

3)        Are the investigating officers well trained?

4)      Whether modern equipments, facilities have been provided to the prosecuting agency so as to enable them to investigate crime properly?

 

The topic can be approached under the following headings:

i) Importance of FIR

ii) Importance of Seizure Mahazar

iii) Importance of Accident Register

iv) Test Identification Parade

v) Importance of giving Evidence in

vi) Perfunctory Investigation

vii) Custody.

viii)    Conclusion.

Importance of FIR

1)     FIR  is  a  document  which  sets  the  law  in  motion. Admittedly, FIR is the foundation of criminal prosecution. Whenever foundation is weak, the entire construction on such a foundation will be at fault.  Accordingly, if FIR is found to be fabricated or if there is any doubt over that, then whole prosecution on such an FIR will be collapsed.  Hence, in order to ensure that the prosecution to get appreciation, definitely FIR must be free from all doubts.   FIR is very fundamental and hence extreme care has to be taken in drafting of FIR.

2)   It is seen from several reported judgments by the Hon’ble Apex Court and various High Courts that many criminal cases have been ended in acquittal on the ground of “Defective Investigation”. In many of the judgments gravity of offences have been taken into consideration but painfully acquittal was recorded.

3) Many of the cases are acquitted either for want of sufficient materials or for the reason that FIR is unbelievable. The genesis of occurrence is suppressed for serious lapses in the investigation, added to that FIR and material records have been despatched to the Court concerned with undue and unexplained delay which warrants rejection of the prosecution.

In spite of repeated pronouncements by the Hon’ble Apex Court and various High Courts, these lapses are occurring repeatedly. Why is it so? What has to be done to rectify the same?4)  More particularly, in sensational cases, these defects have been noted down by the Hon’ble Apex Court and various High Courts. FIR is an extremely vital and valuable piece of evidence.

5)      Delay in preferring and sending FIR would affect the credibility of the exercise. It will make serious dent on the prosecution case. Accused can take a plea that it is an after thought, concocted by due deliberation and consultation.  Considerable force is also there in such a defence. So, in order to have the prosecution successful, firstly, there should not be any delay in sending not only FIR, but also other connected materials to the Court concerned, “Time is The Most Vital Factor”.

6)      No doubt FIR is not an encyclopedia, ¹[Prabhu Dayal Vs State of Rajasthan] –FIR need not contain an exhaustive account of incident. All the minute details need not be incorporated in FIR itself.  The prosecution case can very well be strengthened by recording statements and further statements. If material omission is found in FIR, then that alone will be a ground to reject the entire prosecution case.   Obviously, to set the criminal law in motion, a statement furnishing the events making out a prima-facie case alone is necessary, thereupon minute details about occurrence can be incorporated in the statement of witnesses or in the further statements of witnesses. 2[Motiram Padu Joshi Vs State of Maharastra Omission as to names of assailants or witnesses – effect)

7)      So,  it  is  crystal  clear  that  even  a  few  lines  report popularly known as complaint is sufficient to draw FIR and to take up investigation. During investigation, statements and further statements with all details can be recorded if necessary to strengthen the prosecution case. So, slight care in drawing FIR will throw away all possible suspicions over FIR.

1. (2018 (3) SCC Crl 517
2. (2018(3) SCC Crl. 738  

8)     Even  in  such  of  those  FIR’s  with  few  lines,  there  exits  so many  corrections  and  in  addition to that  apparently  by  using  white paint and over writings in FIR. In some cases, the same corrections which are found in complaint also   appear   in   the   FIR.   No   doubt   correction is unavoidable if uneducated person is the author of complaint. But, the same correction found in report if found in FIR, it will demonstrate by itself that FIR is nothing but ‘ante timed’ made after due deliberations. Hence, undoubtedly, not only FIR but also entire prosecution constructed on the basis of such FIR will be rejected since the basic principles of criminal law is that the prosecution   has   to   prove   its   case   beyond   all reasonable doubts. It is pertinent to point out that there should not be any inconsistencies, as well material omission in the FIR, minor inconsistencies – FIR – immaterial.

How to avoid these…..”

Now,  definitely  and  certainly  present  need  of  the  society  is “Stricter Law Enforcing System”.

In this background, let us see some judgments which will give us an idea to ensure an effective and sure success of prosecution. ^3[Johny and others Vs. State of TN]

Crl.P.C. S. 154 – FIR – Delayed FIR will give rise to suspicion and will put the Court on guard to look for possible and acceptable explanation for the said delay – no possible explanation for the said delay – Possibility of false implication may loom large.

FIR reaching 25 hours delay – distance from scene of crime to Police Station 1 ½ km. – unsafe to rely on such FIR.

Duty of Investigating agency / to the Court as well to the society at large is to bring to book the real culprits. Guidelines to be followed by investigating agency and subordinate magistrates. ⁴[G. Laxamanan and others Vs. State of TN of A.P.] is so obvious on face of it that no eye could miss it, for which PW-16 did not come out with any explanation.

3. 1990 LW (Crl) 175
4. 2002 SAR (Crl.) (Supp) 198

In Column No.3(a) of Ex-P.36 printed FIR using magnifying glass found   time   of   occurrence   originally   written   as   2.30   hrs.,   was overwritten  as  1.30  hours  – entire  prosecution  case  collapsed  since the foundation of the case had fallen to ground – Conviction set aside  – Appeal allowed.

⁵[Senthil Kumar  and  another  Vs.  State of TN by  S.I.  of  Police,  Ayyampettai, Thanjavur District.]

Revision Petitioners/ accused pointed out number of corrections in FIR – Delay in dispatching FIR to jurisdictional Magistrate – prosecution  case  fails  as  doubtful  – conviction  set  aside  – revision allowed.

⁶[Ayyadurai    and    others    Vs.    State of TN  by    DSP.,    CBCID,    Tirunelveli, Puliyampatti Police Station, Tuticorin District]

Code  of  Criminal  Procedure  – Section  154  – Triple  Murder  – Genuineness of  FIR  is  doubtful  – Investigating  officer  has  not entered   the   substance   of   the   information   in   the   FIR   Book   – Explanation offered is not acceptable – It creates doubt in respect of origin of FIR – delay in sending the injured persons to hospital – No explanation.

Inordinate delay of 29-½ hours in forwarding FIR to the Court – I.O. has not come with any explanation whatsoever – Conviction set aside – Appeals allowed.

⁷[Rajeevan and another Vs. State of Kerala]

IPC – Section 302 – FIR – Delay – Ex.P-30 is the counterfoil of FIR – Between  Cr.No.5  to  7  certain  blank  sheets  were  found,  that  this circumstance was not satisfactorily explained by the concerned police officer  – the  trial  Court  is  of  the  view  that  this  was  done  to  fill  up details regarding the instant case subsequently that Exhibit P-1 FIR statement  given  by  PW-1  also  seems  to  have  been  subsequently written  on  a  blank  signed  paper  – this  inference  was  drawn  due  to cramped handwriting in the paper towards the end portion, just above the signature though there was adequate space in the next page – Acquitted.

5. 2007 MLJ (Crl.) 153
6. 2008 MLJ (Crl) 257 Mad.
7. 2003(2) Crime 268 SC.

     ⁸[Subramani @ Manian and Subramanian Vs State ]. FIR placed before the Trial Court is shrouded with suspicion – conviction set aside.

     ⁹[Latesh @ Dadu Baburao Karlekar Vs State……]

Non mentioning of names of accused in FIR when accused are known to the defacto complainant – effect – held that – some times in the state of shock they may miss the important details, because people tend to react differently when they come across a violent Act –mearly because names of accused are not stated, that may not be a ground to doubt FIR and to reject the same.

¹⁰[Pappu Singh and another Vs – State of Bihar] – Delay in preferring complaint – Assault on women belonging to SC/ST community – Section 3(1)(xi) – SC/ST Act – written report about the occurrence given after five days – no plausible explanation for the said delay – acquittal recorded.

¹¹[State of UP –Vs-Raghuvir & another] – Delay in giving complaint has been explained by the prosecution; hence the delay will not affect the prosecution.

Importance of Seizure Mahazar

In some cases, seizure Magazar will be the foundation like FIR. Due to discrepancy found between magazers and other documents, many cases have been ended in acquittal.  Hence, equal importance has to be given to seizure magazar also by the prosecution. Some case laws are given below.

¹²[S. Parthiban Vs. State ] – Preventive detention – TN Act 14 of 1982 – Vital contradictions in   FIR   and   observation   mahazar   –  not   considered   by   detaining authority – detention quashed.

^13[Emili  Vs.  State of TN by  Inspector  of   Police,  G-1  Vepery  Police  Station, Chennai]

NDPS Act – Conviction – Sustainability – Female Constable who effected personal search not cited or examined as a witness – weight of contraband received by the Chemical Examiner does not tally with the weight  mentioned  in  the  magazer  prepared  by  PW-3  – prosecution failed to establish that what was seized from the accused was sent to the Chemical Examiner – Conviction set aside.

8. 2005 II Law Crl 787

    9.2018(2) SCC Crl. 235

   10.2019 Crl LJ 596

   11.2019(1) SCC Crl 402

12. 2008(2) TNLJ 424 ()
13. 2001(1) MWN (Crl.) 41

  ¹⁴[Chandu Vs. State of Maharashtra]

Section 302 IPC  – Evidence  Act  S.27  – Recovery  of  weapon  of offence – Appeal against conviction allowed – View of the trial Court was a reasonable view and does not suffer from any perversity.

Para 3 – There is discrepancy in the description of the blade of the spear as mentioned in the seizure panchanama at Exhibit 25 to that of the evidence of Dr. Sathish Kumar Gupta, PW-14. There is nothing  on  record  to  explain  the  discrepancy  in  the  length  and breadth of the blade of the spear which was seized by PW-1 Sukla, PW-12 and which was examined by Dr. Sathish Kumar Gupta PW-14.

¹⁵[Satoranjan Vs. State of Chattisgarh]

Crl.P.C. – Section 439 – Bail – Applicant was found sitting with suit case on the platform of a temple and suit case contained 5 Kgs. 700 grams of Ganja – In complaint, colour of suit case was shown as brown and in Panchanama it was shown as Light gray  – fit case to admit applicant to bail.

¹⁶[A.  Thilakaraj  Vs.  The  Secretary  to  Govt TN.  Prohibition  &  Excise  Dept., Chennai]

Preventive  detention  – TN  Act  14  of  1982  – FIR  registered  at 18.30 hours on 8.9.2001 – Seizure Magazar prepared much prior to registration  of  FIR  – But  Magazar  contains  crime  number  – Crime number could not have been found in Magazar when it was prepared much before the FIR – Detention quashed.

¹⁷ [Kaluvan Vs. The District Collector & District Magistrate, Dindigul and other.

Preventive detention – TN Act 14 of 1982 – FIR registered after destruction   magazar   – but destruction   magazar   contains   crime number – crime number could not have been in magazar when it was prepared much before the FIR – Detention quashed.

14. 2001(3) Crimes 483
15. 2002 (1) Crimes 170
16. 2003(1) MWN (Crl.) 96
17. 1998(2) LW (Crl) 490

¹⁸[Babudas Vs. State of M.P.]

IPC – Section 302 – circumstantial evidence – Recovery – prosecution  case  is  that  on  28.5.1998  a  wrist  watch  was  recovered and sealed in a packet – But when sealed packet is opened in Court, it was  found  that  wrist  watch  was  wrapped  in  a  news  paper  dated 3.6.1998 – a newspaper published after 6 days after seizure – inability of I.O. to explain the change in packaging makes the recovery doubtful – Conviction set aside.

¹⁹[Mahalakshmi Vs. State of Tamilnadu and others]

Preventive Detention – TN Act 14 of 1982 – The ground case was on 28.12.2006 on which detenu was alleged in crime – Statement of witnesses  observation  mahazar,  seizure  mahazar  – in  those statements  date  of  occurrence  is  shown  as  28.10.2006  – Typographical  error  likely  to  cause  confusion  in  the  minds  of  the detenu – detention quashed.

²⁰[Danraj Vs State  –NDPS Act – conviction under section 8 C r/w 20(b) (ii) (v) of NDPS Act 1985 – challenged in the appeal – delay in producing contraband seized – fatal to the prosecution –  A particular quantity had been seized from the accused, the same has not been verified by the Magistrate Court or at the Trial Court – the accuracy of what is the weight of the contraband cannot be ensured result and there is every possibilities of miscarriage of justice in awarding sentence – Direction issued to keep contraband in safe custody – appeal allowed.

Importance of Accident Register

This is a very vital document for the following reason:

*       Earliest in point of time.

*       Uncolored version about the incident.

*        Recorded   by   an   independent   witness   namely   the   Medical Officer. In many of the cases, after receipt of Accident Register, statement will be recorded from injured person and same will be registered as FIR. Some time if injured died it will be considered as “Dying Declaration”. So, it becomes very important document in all criminal cases.

18. 2003 SCC (Crl.) 1749
19. 2007 MLJ (Crl.) 1634
20. 2019 (1) MWN Crl 524

   ²¹ [Parthasarathy and others Vs. State of TN]

IPC  – Section  307  – Criminal  revision  against  conviction  – In Exp. 5 Accident Report PW-1 injured himself stated that he was assaulted by known person – at that time his condition was certified as  normal  –  But  5  members  of  family  were  charge  sheeted  – No explanation – benefit of doubt extended – accused acquitted.

²² [Sreenivasan and others Vs. Inspector of Police, Chittmur Police Station]

Penal Code Section 300 – Murder – evidence of eye – witness – reliability – in Ex:P-2 Accident Register – alleged to have assaulted by 3 known persons at about 7.00 p.m., with knife and thadi. Since important weapon ‘thadi’ is said to have been used by third appellant was  not  mentioned  in  Ex:P-2  we  could  infer  that  even  at  1.15  a.m., which  point  of  time  PW-1  was  at  Chengalpattu  Hospital  he  did  not give correct and true details to the doctor.   In complaint, it is stated that assaulted by Uruttukattai – Conviction set aside.

Test Identification Parade

(i)      Identification of accused

(ii)      Identification of deceased

(iii)     Identification of articles.

If prosecution is relying upon circumstantial evidence the  above three points will have major role, heavy duty will be on the prosecution to prove the identification.

²³[Santhokh Singh Vs. Izhar Hussain]

It has been held in the said decision that it is desirable that the Test identification Parade should be conducted as soon as possible after the arrest of the accused and it becomes necessary to eliminate the possibility of the accused being shown to the witnesses prior to the Test identification parade.

21. 1999(2) MWN (Crl.) 166
22. 1997 L.J. 3773
23. 1973 (2) SCC 406

Whenever accused and witnesses are strangers, the identification of the accused has to be proved. So, to prove the identity of the accused identification parade has to be conducted.   When identification parade is held at an early stage, there are less chances of any wrong in identification because memory of witness should comparatively be fresher at early stage.

Before conducting identification parade, statement from witness regarding the description of accused or any special identifying features of accused must be recorded.

That is how a particular witness, after lapse of some time is able to identify the culprit to be explained.   Whether light was available at the time of occurrence or how in darkness witness was able to identify the accused are all usual questions to discredit the witness. So, earlier statement from the identifying witnesses regarding light and identification marks is to be recorded.

When prosecution rests upon circumstantial evidence that too when  dead  body  is  in  a  decomposed  stage  or  not  in  a  position  to identify, then the primary duty of the prosecution is to prove the identity of the dead body.

A dead body can be identified from materials on his/her body such as shoes, rings, watch, jewels, special decorative, religious ornaments, tattoo mark etc. Hence, taking photograph of the deceased and  publication  of  same  widely  in  media  becomes  necessary  and recovery of material objects from the dead body and from where it was found all very important.

By conducting superimposition test, we can firmly and conclusively establish the identity of dead body.

²⁴ [R. Maruthamuthu Vs. State of TN Inspector of Police, Perambalur P.S.,]

IPC – Section 302 – circumstantial evidence – test identification parade   – accused   was   arrested   on   13.6.1999   – requisition   for conducting identification parade given after 10 months after arrest – PW-3 was able to identity only after 1 year and 10 months – No legal significance can be attached to the identification parade – conviction set aside.

24. 2005 LW (Crl.) 307 

    ²⁵ [Latesh @ Dadu Baburao Karlekar Vs State]

Plea of the accused is that test identification parade was not conducted and so the conviction is bad in law – PW2 has deposed in evidence that he knows the accused before the occurrence – hence no need to conduct test identification parade – plea rejected.

IDENTIFICATION OF ARTICLES

²⁶[ Ganpat Singh Vs State of MP]

Circumstantial evidence – no identification marks on the recovered ornaments and they were of nature that is commonly used, so cannot be used to connect the accused with crime.

Importance of Giving Evidence in Court

²⁷ [Krishnamoorthy  and  another  Vs.  State  by  the  Inspector  of  Police, Thanjavur Taluk Police Station]

IPC – Section  302  – Double  Murder  for  gain  – Investigating Officer PW-33 admitted that statement of material witnesses reached the Court along with the Charge sheet – No reasons have been stated to the belated sending of the statements inspite of specific  question putforth by the defence – Conviction set aside appeal allowed.

²⁸[Babu and another Vs. State of TN by Inspector of Police, Secretariat, Chennai] 

IPC Section 302 – We are pained to note that an officer who is now in the rank of an Assistant Commissioner, who had taken the responsibility   of   conducting   investigation   in   a   grave   offence   like murder,  was  lethargic,  indifferent  and  inefficient  and  was  not careful  enough  to  give  evidence,  to  give  the  details  while  giving evidence in Court, as he did not even mention, as we stated earlier, that the dead body was sent to postmortem by him with a requisition ……..

We place our  strong  displeasure  and  condemn  the  attitude  of the officer, who had taken his responsibility in such a lighter vain.

25. 2018(2) SCC Crl. 235
26. (2018) 2 SCC Crl. 159
27. 2008(3) MLJ (Crl.) 1287
28. 2005 I LW (Crl.) 291

Perfunctory Investigation

It is pertinent to point out that investigation is an important process in criminal cases. Section 2(h) of Cr.P.C. defines investigation. For easy reference section 2(h) of Cr.P.C. is extracted hereunder,

Sec 2 (h), Investigation” includes all the proceedings under this code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf”

 No doubt first impression is the best impression. First information report is the very first document in most of the cases. After registering first information report, the investigating agency will derive the power of investigation. The investigation includes recording of statements from witnesses, preparing observation mahazar from the scene of crime, collecting materials if any from the place of occurrence and sending the materials to forensic science laboratory, arrest of accused and recovery of facts out of statement of the accused. If no material has been collected by the investigation officer the trial court may not even take cognizance on the final report or in some cases accused will be discharged or will be acquitted after full trial. Hence, investigation is the ultimate basis for criminal cases. The second fold  important factor is the role of Public Prosecutor in presenting the materials collected by the investigation officer before the court of law in order to get conviction.

The role of Public Prosecutor is on high pedestal. The accused will be summoned in order to answer a charge, so framing of charges in criminal trial is very very important stage. The investigation is said to have commenced only after registering the FIR, the criminal trial is said to have commenced only after framing of charges. The learned Public Prosecutor has to march evidence both oral and documentary in order to prove the charges leveled against the accused. Hence, the learned Public Prosecutor has to take care in framing of charges. If charges framed by the court needs to be revised, the learned Public Prosecutor has to move the court for proper framing of charges.

It is equally important to state that the learned Public Prosecutor has to place all the material witnesses, documents and objects before the trial court. A heavy duty is cost upon the learned Public Prosecutor before the trial court while examining the witnesses. He has to mark all the relevant documents and material objects with relevant witnesses. Hence, the appointment of Public Prosecutor is very much important in criminal justice delivery system.

The Hon’ble Madurai Bench of Madras High Court in ¹[Crl.A.(MD).No. 67 of 2015 decided the appeal filed against the Inspector of Police, Q Branch Madurai. In the above case the Hon’ble High Court held that,

“39. In my considered view, for the lapses committed by the one, who conducted the prosecution case before the trial court and the lapses committed by the trial court, the accused cannot be given the benefit of acquittal. Doing of justice would mean punishing the culprit and not allowing him to escape. It may be true that under our system, 100 criminals may escape but not one innocent be convicted. By applying the said old saying, this court cannot simply close its eyes and acquit the accused though it has been brought to the notice of this court that lot of materials were collected during investigation so as to make out a case against the accused, but the trial was not conducted properly by proving those materials before the court by converting the same as legally acceptable evidence.

“Fundamentally, the trial court ought to have framed proper charges under proper penal provisions. The trial court has failed in that. Secondly, while recording evidence, the presiding judge should not have been a mute spectator watching all irregularities being committed under his very nose, whether it was by the defence or by the prosecution”.

After the judgment of Madras High Court in the case filed against the Q branch CID, Special Public Prosecutors having experience in Criminal side have been appointed by State of Tamil Nadu. 

1. Judgment in Crl.A.(MD).No. 67 of 2015

It is needless to say that the learned Public Prosecutor before the Trial court has to take a list of material objects and material documents and the list of witnesses with whom the said documents and material objects has to be marked. In many cases based on circumstantial evidence, the cases ended in acquittal for the reason that the material objects have not been marked through the relevant witnesses.

²⁹ [Krishnamoorthy and another Vs.  State of TN by the  Inspector  of  Police, Thanjavur Taluk Police Station]

IPC – Section 302 – Double Murder for gain – We are conscious of the fact that the deficiency in the investigation,
perse, cannot be a ground to discard the prosecution version and to hold accused are innocent.  From the reasons stated above, we find that the perfunctory investigation has been done and many lapses have been committed by the Investigating Agency and PW-33, the Investigating Officer inspite of specific questions being asked on such lapses, has failed to offer any explanation, conviction set aside – Accused acquitted.

³⁰[Lallu Manjhi Vs. State of Jharkand]

IPC  – Section  302  – Defective  investigation  – effect  – I.O.  not preparing site plan – bloodstained earth not sent for chemical analysis – No efforts to seize weapon of crime – Non-examination of material witnesses-

³¹[Suresh Chandhary Vs. State of Bihar]

IPC – Section 302 – Defective investigation – effect – non- preparation of spot sketch – Non-recovery of pellets – Non sending of blood stained mattresses and durries for chemical report – No inquest report on dead body. FIR – Express report sent – delay of 36 hours / in sending to Court – conviction set aside.

 ³²[ State of UP –Vs- Wasif Haidar and others]

Delay of 55 days in conducting Test Identification Parade – defective or illegal investigation – benefit of doubt arising out of faulty investigation accrues in favour of accused – failure to examine injured witness and injury report -fatal to prosecution.

29. 2008(3) MLJ (Crl.) 1287
30. 2003 SAR (Crl.) 122
31. 2003 SAR (Crl) 300
32. 2019 (1) SCC Crl 701

  ³³ [Sundaraj and others Vs Inspector of Police, Theni]

The Hon’ble Madurai Bench of Madras High Court was pleased to set aside the capital punishment and to direct the state to pay compensation of Rs.5,00,000/- to victim family directed the Superintendent of Police to conduct enquiry on lapses noticed by court and initiate departmental action against investigation officer.

 ³⁴[State of Gujarat Vs Kishanbhai and others]

The Hon’ble Supreme Court has held that,

          On the culmination of a criminal case in acquittal, the concerned investigating/prosecuting official(s) responsible for such acquittal must necessarily be identified. A finding needs to be recorded in each case, whether the lapse was innocent or blameworthy. Each erring officer must suffer the consequences of his lapse, by appropriate departmental action, whenever called for. Taking into consideration the seriousness of the matter, the concerned official may be withdrawn from investigative responsibilities, permanently or temporarily, depending purely on his culpability. We also feel compelled to require the adoption of some indispensable measures, which may reduce the malady suffered by parties on both sides of criminal litigation. Accordingly we direct, the Home Department of every State Government, to formulate a procedure for taking action against all erring investigating/prosecuting officials/officers. All such erring officials/officers identified, as responsible for failure of a prosecution case, on account of sheer – negligence or because of culpable lapses, must suffer departmental action. The above mechanism formulated would infuse seriousness in the performance of investigating and prosecuting duties, and would ensure that investigation and prosecution are purposeful and decisive. The instant direction shall also be given effect to within 6 months.

³⁵[ Murugesan Vs State ]- Case involving grave offence – accused not identified by witnesses before trial court – test identification parade not conducted – High Court Madras directed DGP to submit District viz., data’s regarding cases registered by police – to find out manner of working of criminal justice system and to evolve process to improve prevailing situation.  

33. 2019 (1) MWN Crl. 506
34. 2014 (5) SCC 10
35. 2019 (1) MWN (Crl) 386

In the Hon’ble Supreme Court of India in PUCL Vs State of Maharastra had issued the guidelines in the matters of investigating police encounters as the standard procedure for thorough, effective and independent investigations.

It is not in dispute that the investigation must be fair and the trial shall also be conducted in fair manner. All fair opportunities to the accused shall be given. If investigation done by a particular agency is not fair, then the investigation is liable to be transferred to any other independent, and effective fair investigation agencies. A fair trial to an accused is the constitutional guarantee under Article 21 of the Constitution of India. The Hon’ble Supreme Court in Mohanlal Vs State of Punjab has returned the above.

³⁶[State of UP Vs Warif Haider and others]

Benefit of doubt arising out of faulty investigation goes in favour of the accused

1. Inordinate delay in conducting test identified parade.      Identification features not mentioned in earlier
2. No documentary evidence to show that identity of accused was kept concealed.

• Post mortem certificate shows two injuries one entry       wound and exit wound. But a bullet was recovered from    ashes of the deceased.

1. Place of occurance not proved
2. Non-examination of injured witnesses
3. Prosecution has failed to examine independent witness.

³⁷[Suresh Chandra Jana Vs State of WB and others] – Appeal against acquittal  – Death sentence was reversed – Acid Attack case – minor lapses in investigation is in material.

Custody

Getting an accused into police custody is an important process in criminal investigation more particularly in grave case. Custodial interrogation is very much necessary to prove the prosecution case.

36. (2019) 1 SCC Crl 701
37. 2018 (2) SCC Crl. 187

Application for police custody is to be made within the first 15 days period of remand, failing which no custody can be ordered and it will not stand legally.

To prevent crimes and to identify criminals

1. It is pertinent to note that day by day crimes are increasing alarmingly. People are spending most of the time on road either to reach their work place or to reach educational institution or for other works. Accidents, Chain snatching and robbery are also increasing. In order to fix the culprits, it is the duty of the state to fix CCTV in all public places so as to easily monitor by a special cell for the purpose of monitoring the CCTV footage. All the crimes can be easily detected and the same can also be proved before the Court of law by placing the CCTV footage. In the following cases the crimes has been proved by CCTV footage. One can say that in order to fix CCTV camera in all the public places, the state has to spend huge money. No doubt this exercise at the cost of huge money but the ultimate result is reduction of crimes and so out of spending the huge money we can get better fruit. The ultimate duty of the state is to protect the people from crimes.

Offences relating to documents

It is to be recorded that the offences relating to documents are also increasing like other crimes. Forgery and impersonation is the essential in creating false documents. If the registration department saves the signature and photo identity of the persons digitally by default, the same can be digitally verified during subsequent conveyance of title. In all the documents registered through the registration department, Aadhar card has to be linked in order to avoid offences over documents.

• Very recently the Hon’ble Madras High Court by judgment reported. To prevent these type of offences, the prosecuting agency has to conduct mass vehicle checkup in order to verify the validity of registration of vehicle (RC Book), Driving License and Insurance Policy. The prosecuting agency has to conduct the mass vehicle checkup in a particular specific place under the CCTV camera so as to avoid any negative comments.

1. The periodical vehicle checkup regarding insurance and RC Book has to be conducted along with RTO. The CCTV recording of such vehicle checkup has to be monitored by the jurisdictional judicial magistrates.

CONCLUSION 

• When a particular officer is investigating a grave case, such     officer shall be permitted to give top priority to    complete the investigation of that
• When a case is posted for examination of witnesses, the    officer who had investigated the case shall be permitted to     get on with the case, he must be available before      commencement of
• Entire prosecution documents shall be furnished to        Assistant Public Prosecutors conducting trial before the   Court of Judicial Magistrate as followed in Sessions
• Bloodstained articles shall have to be seized and has to be sent for chemical analysis    This will help the     prosecution to prove its case scientifically.   Periodical law    classes are to be conducted to know about the latest     judgment of Hon’ble Apex Court and High Court, so that we can get proper guidance.
• In every District Police Office, law journals  shall  be  made   available for easy
• If any case is rejected and acquittal is recorded on the ground of “Defective Investigation”, the officer must be dealt with properly so as to avoid the same in
• In all grave crime cases the prosecuting agency has to file all   the documents before the jurisdictional judicial magistrate         After final report the same will be forwarded to the trial     court. There must be clear direction to the jurisdictional judicial magistrate court to receive the documents as and      when produced and to make initial with date and time even     during court hours. The same has to be entered in a register.
• If separate register is maintained the prosecution cannot raise   a point that though they have produced and it was not received on time.

An Article by Advocate Thiru. M.Karunanithi Advocate, Madurai.