156
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SUPREME COURT REPORTS
[2023] 8 S.C.R.
1.3 In the instant case, the reasons why the investigation
officers were changed time and again from PW 6 to PW 12 and
then to PW 13, is surprising and unexplained. No reason stands
given for having decided that there was no need to comply with
the provisions of Section 53A, Cr.P.C.; there is unexplained delay
in sending the samples collected for analysis; a premises already
searched was searched again, the reason for which is not borne
from record; lock panchnama is not prepared; no samples of blood
and semen of the appellant can be said to have been drawn by
any medical or para medical staff; allegedly an additional sample
is taken from the appellant more than a month after the arrest;
alleged disclosure statement of the appellant was never read over
and explained to the appellant in his vernacular language; the
appellant was not residing alone at the place alleged to be his
residence; and what was the basis of appellant being a suspect at
the first instance, remains a mystery; persons who may have shed
light on essential aspects- ‘GB’ and ‘MS’ went unexamined etc.,
such multitudinous lapses have compromised the quest to punish
the doer of such a barbaric act in absolute peril. The charges
levied on the appellant stand not proved [Paras 77 and 79][180G-H; 181-A-C]
Sharad Birdhichand Sarda v. State of Maharashtra
(1984) 4 SCC 116 : [1985] 1 SCR 88; Indrajit Das v.
State of Tripura 2023 SCC OnLine SC 201; Krishan
Kumar Malik v. State of Haryana (2011) 7 SCC 130 :
[2011] 8 SCR 774; Rajendra PrahladraoWasnik v. State
of Maharashtra (2019) 12 SCC 460 : [2018] 14 SCR
585; Pattu Rajan v. State of T.N. (2019) 4 SCC 771;
Manoj v. State of M.P. (2023) 2 SCC 353;
Maghavendra Pratap Singh @Pankaj Singh v. State of
Chattisgarh 2023 SCC OnLine SC 486 – relied on.
Case Law Reference
G
H
[1985] 1 SCR 88
relied on
para 24
[1953] SCR 589
followed
para 44
[2011] 8 SCR 774
relied on
para 57
[2018] 14 SCR 585
relied on
para 57
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