PRAKASH NISHAD @ KEWAT ZINAK NISHAD v. STATE OF MAHARASHTRA [SANJAY KAROL, J.] 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- Ganesh Bheema and Munna Saroj went unexamined etc., such multitudinous lapses have compromised the quest to punish the doer of such a barbaric act in absolute peril. 181 A B C 78. The charges mentioned above, although serious and grievous in nature, cannot be said to have been met against the present appellant. The factum of the commission of the crime against the six-year-old innocent child is not in dispute and cannot be deprecated enough even in the most severe terms. However, as the above discussion has laid out clearly, the circumstances forming the chain of commission of this crime cannot and do not point conclusively to the appellant in a manner that he may be punished for the same much less, with the sentence of being put to death. D 79. In view of the above the charges levied on the appellant stand not proved. E 80. This court, recently, in Maghavendra Pratap Singh @Pankaj Singh v. State of Chattisgarh 10 had emphasised the role and responsibilities of the investigating authorities by referring to various judgments of this Court. Such principles, which are essential to successful investigations, were not adhered to. Needless to state, such responsibilities would be all the more heightened in cases of crimes involving severe punishments such as imprisonment for life or the sentence of death. Considering the nature of the case, the police ought to have, even more than usual, taken steps, precautions, and decisions to safeguard the factfinding and investigation exercise. F G 81. In view of the above, the appeals are allowed. Ex-consequenti, the judgment dated 27.11.2014 in Sessions Case No.407/2010, passed by District Judge-2 and Additional Sessions Judge, Thane as affirmed 10 2023 SCC OnLine SC 486 H