Published on: October 16, 2023 at 10:54 IST
Court: Supreme Court of India
Citation: Veerendra V. State of M.P. (2022)
Honourable Supreme Court of India has held that fair investigation is a Sine Non Qua for a fair trial. It is held that it is the duty of the investigating agency to protect the rights of both the accused and the victim by adhering to the prescribed procedures in the matter of investigation for ensuring a fair, competent and effective investigation.
46. There can be no doubt with respect to the position that a fair investigation is necessary for a fair trial. Hence, it is the duty of the investigating agency to protect the rights of both the accused and the victim by adhering to the prescribed procedures in the matter of investigation and thereby to ensure a fair, competent and effective investigation. Even while holding so, we cannot be oblivious of the well-nigh settled position that solely on account of defects or shortcomings in investigation an accused is not entitled to get acquitted.
In other words, it also cannot be the sole reason for interference with a judgment of conviction if rest of the evidence is cogent enough to sustain the same.
Drafted By Abhijit Mishra