Person Falsely Implicated By State In Criminal Case Deserves To Be Compensated

Durga vs State of Madhya Pradesh

Madhya Pradesh HC, Gwalior Bench

Criminal Appeal No.812/2008

About/from the judgment:

“By one case of false implication of an innocent, rule of law loses one exponent (supporter) and a rebel with defiance towards rule of law is ready. Poor investigation with tainted prosecution is perfect recipe for such eventuality.”

 

Directing the state to compensate accused in an abduction case for false implication, the Madhya Pradesh High Court has observed that if because of poor investigation and tainted prosecution, the accused suffers and it is apparent that he is innocent then he deserves compensation from the state under Right to Life.

 

The court allowed an appeal filed by two accused who were convicted by the trial court under Section 364-A of IPC r/w Section 11/13 of the Madhya Pradesh Dacoity Vipran Prabhabit Khestra Act. They were sentenced to life imprisonment by the trial court.

 

While acquitting the accused, the court observed that it is a case of false implication. “Either the complaint filed by the complainant and the victim was bereft of truth or prosecution could not able to discharge its functions properly and just to cover up their fallacy, falsely implicated the present appellants, who were already in the jail in some other case and that is the travesty of justice,” the bench said.

 

The bench then observed that valuable period of 12 years of these persons has been consumed at the altar of false implication due to defective investigation and casually conducted trial with a poor appreciation of evidence by the trial court. “If appellants look in hindsight then the distance covered by them between this period is been full of painful memories, remorse and agony,” the bench said.

 

The court also observed that Right to Life is a fundamental right enshrined under Chapter III of the Constitution of India and Preamble of our Constitution gives priority to secure justice to citizen at the top of all virtues, therefore, it is incumbent upon the state to take care of its citizens, when a citizen is severely bruised by the organs of the state, therefore, they deserve compensation because of poor investigation and tainted prosecution.

 

“Our criminal Jurisprudence gives more stress over avoiding of false implication of an innocent to the extent where hundred guilty may go scot- free. The spirit behind the same is very pious. Even otherwise, by one case of false implication of an innocent, rule of law loses one exponent (supporter) and a rebel with defiance towards rule of law is ready. Poor investigation with tainted prosecution is perfect recipe for such eventuality,” the bench added.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

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