33
quality of police investigation”. Besides inefficiency, the members of public
complained of rudeness, intimidation, suppression of evidence, concoction of
evidence and malicious padding of cases…..’
38.
Echoing the same sentiment in its Report No.239 in March, 2012,
the Law Commission of India observed that the principal causes of low rate of
conviction in our country, inter alia, included inept, unscientific investigation by
the police and lack of proper coordination between police and prosecution
machinery. Despite passage of considerable time since these gloomy insights,
we are dismayed to say that they remain sadly true even to this day. This is a
case in point. A young boy in the first flush of youth was cruelly done to death
and the wrongdoers necessarily had to be brought to book for the injustice done
to him and his family. However, the manner in which the police tailored their
investigation, with complete indifference to the essential norms in proceeding
against the accused and in gathering evidence; leaving important leads
unchecked and glossing over other leads that did not suit the story that they
had conceived; and, ultimately, in failing to present a cogent, conceivable and
fool-proof chain of events pointing to the guilt of the appellants, with no
possibility of any other hypothesis, leaves us with no option but to extend the
benefit of doubt to the appellants. The higher principle of ‘proof beyond
reasonable doubt’ and more so, in a case built on circumstantial evidence,
would have to prevail and be given priority. It is high time, perhaps, that a
consistent and dependable code of investigation is devised with a mandatory
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