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Legal Shorts; SC:Omission of Investigation Officer can’t be of benefit to the accused.

 

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S. 304-B and 498-A, IPC – Omission on part of investigating officer – Effect of – Held, should not be taken in favour of accused – In present case of dowry death, investigating officer omitted to do investigation regarding documents produced by accused in court allegedly exculpating them – Effect, if any –

Held, investigating officer is not obliged to anticipate all possible defences and investigate in that angle – In any event, any omission on part of investigating officer cannot go against prosecution – Interest of justice demands, that such acts or omission of investigating officer, should not be taken in favour of accused, or otherwise it would amount to placing a premium upon such omissions – If investigating officer had omitted to do investigation regarding documents produced by accused in court, accused could have taken steps to prove documents to substantiate their defence – Having not done so, accused cannot turn round and contend that there were lapses on part of investigation which vitally affected prosecution case – Dowry Prohibition Act, 1961, Ss. 3 and 4 – Evidence Act, 1872, S. 114 Ill. (g)(Paras 33 to 38).

Case:
V. K. Mishra  Vs. State of Uttarakhand.

Citation:
(2015) 9 SCC 588: AIR 2015 SC 3043.

Bench Strength – 3.
Coram: T. S. Thakur, R. K. Agrawal and R. Banumathi, JJ.
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Shared by:
ADV. MAHESH VASWANI,
MUMBAI.
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