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detail records of the deceased and in connection to Neha – which was not
produced in trial; tip-off allegedly received regarding Neha’s whereabouts and
what she would be wearing; participating in Neha’s arrest, and subsequent
involvement on 23.06.2011 in recoveries of articles) points to concerning gaps
in the manner of investigation carried out initially, or at the very least, an
untruthful recollection and presentation of it, for the purposes of trial. As
elaborated earlier, these facts prompted this court to draw adverse inferences
against the prosecution’s version of Neha’s arrest. Other circumstances have
been proved sufficiently to conclude their guilt and result in conviction.
However, it is appropriate to also point out that concealment of DW-1’s role and
failure to include the call detail records, could have severely prejudiced the
accused, had these other circumstances not been made out. Therefore, at this
juncture, it is pertinent to note and reiterate the role of the public prosecutor, and
trial court, in arriving at the truth by way of fair disclosure and scrutiny by
inquiry, respectively.
171. A public prosecutor (appointed under Section 24 CrPC) occupies a
statutory office of high regard. Rather than a part of the investigating agency,
they are instead, an independent statutory authority73 who serve as officers to
the court74. The role of the public prosecutor is intrinsically dedicated to
conducting a fair trial, and not for a “thirst to reach the case in conviction”. This
court in Shiv Kumar v. Hukam Chand75 further held that
“….if an accused is entitled to any legitimate benefit during trial the Public
Prosecutor should not scuttle/conceal it. On the contrary, it is the duty of the
Public Prosecutor to winch it to the force and make it available to the
accused…”.
In Siddharth Vasisht @ Manu Sharma v. State of NCT Delhi76 (hereafter ‘Manu
Sharma’) it was concluded that
73 Hitendra Vishnu Thakur v. State of Maharashtra (1994) 4 SCC 602
74 Deepak Aggarwal v. Keshav Kaushik, (2013) 5 SCC 277
75 (1999) 7 SCC 467
76 (2010) 6 SCC 1
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