Benefit Of Infirmities In Investigation Is To Be Given To Accused!

State of Uttarakhand vs Jairnail Singh

Supreme Court


CRIMINAL APPEAL No of 2017 (Arising out of S.L.P.(Crl.)No. 1651 of 2015)

About/from the judgment:

Benefit Of Infirmities In Investigation Is To Be Given To Accused!


It cannot be said that the aforementioned infirmities were either irrelevant or in any way insignificant or technical in nature as compared only to the ocular version of the witnesses. The prosecution, in our view, should have taken care of some of the infirmities noticed by the High Court and appropriate steps should have been taken before filing of the charge-sheet to overcome them. It was, however, not done. The benefit of such infirmities was, accordingly, rightly given to the respondent by the High Court.

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