SC: Intentional omissions by investigating officer cannot favour accused

The Hon’ble Supreme Court, on 28th November 2019, in the matter of Jai Prakash v. State Of Uttar Pradesh And Others observed that if Investigating Officer deliberately omits to do what he ought to have done in interest of justice, such intentional omissions should not be taken in favour of the accused.

The Hon’ble Supreme Court observed that:

Minor discrepancies not touching upon the core of the prosecution case, would not affect the credibility of the witnesses or the prosecution case. (Para 20)

Any omission on the part of the Investigating Officer cannot go against the prosecution case. If the Investigating Officer has deliberately omitted to do what he ought to have done in the interest of justice, it means that such acts or omissions of Investigating Officer should not be taken in favour of the accused. (Para 22)

The duty of the appellate court is to consider and appreciate the evidence adduced by the prosecution and arrive at an independent conclusion. Like the trial court, the appellate court also must be satisfied of its conclusion. (Para 24)

Copy of judgement: Judgement_28-Nov-2019

-Adv. Tushar Kaushik

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