180
A
B
C
SUPREME COURT REPORTS
[2023] 8 S.C.R.
suffered great pain, agony, and trauma. At the tender age of 6, a life for
which much was in store in the future was terrifyingly destroyed and
extinguished. The parents of the prosecutrix suffered an unfathomable
loss; a wound for which there is no remedy.
71. Despite such painful realities being part of this case, we cannot
hold within law, the prosecution to have undergone all necessary lengths
and efforts to take the steps necessary for driving home the guilt of the
appellant and that of none else in the crime.
72. There are, in fact, yawning gaps in the chain of circumstances
rendering it far from being established- pointing to the guilt of the
appellant.
73. As already pointed out, there are several irregularities and
illegalities on the part of the agencies examining the case.
74. The questions raised in the instant appeals are answered
accordingly.
D
E
F
G
H
75. Before parting with the matter, we must take note of the manner
in which the investigation into this dastardly crime was undertaken.
Numerous lapses blot the entire map. We have already pointed out multiple
instances which have led to the chain of circumstances remaining broken,
the larger picture emerging therefrom being that the person, whomsoever
they may have been, remains unpunished to this day.
76. Both the crimes committed against the innocent six-year-old
child, are unquestionably, malum in se i.e., evil and wrong on their own,
without the prohibition of law making it so. This fact, coupled with the
duty upon the investigating authorities not only to protect the citizens of
the country, but also ensure fair and proper investigations into crimes
affecting the society, as in the present case, casts upon such authorities,
in the considered view of this Court, not only legal, but also a moral duty
to take all possible steps within the letter of the law to bring the doers of
such acts to the book.
77. 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. As we have already pointed out, 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
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