The Supreme Court of India on Tuesday delivered a scathing critique of flawed criminal investigations, asserting that while an “inept investigation” is damaging, a “scripted enquiry” carries “lethal consequences,” especially when innocent individuals face the prospect of being “crucified.”
A bench comprising Justices Sanjay Kumar and K Vinod Chandran made these observations while acquitting several individuals in a murder case originating from Assam in July 2008. The Court expressed deep regret that despite the passage of over 15 years and the expenditure of significant public resources, the actual crime remains unresolved while the accused suffered long periods of incarceration.
The case dates back to July 2008, when the prosecution alleged that a victim and five others were returning home on four motorcycles. They were purportedly ambushed by a group of individuals armed with sharp-edged weapons. The attack resulted in one death and injuries to two others.
Following the incident, 16 people were charge-sheeted. During the trial, one accused passed away. The trial court eventually convicted 12 individuals under various sections, including Section 302 (murder) of the Indian Penal Code (IPC). On appeal in March 2021, the Gauhati High Court upheld the conviction of 11 individuals while acquitting one. The convicted parties subsequently moved the Supreme Court, during which time two more appellants passed away.
In its analysis, the Supreme Court found a staggering lack of credible evidence to support the prosecution’s narrative. The bench highlighted several procedural failures by the police:
- Failure of Evidence Collection: Weapons seized during the investigation were never sent for forensic analysis.
- Procedural Negligence: The weapons were not shown to eyewitnesses or the doctor who conducted the post-mortem to confirm they were the instruments used in the crime.
- Initial Response Errors: The Court noted that the police officer who reached the scene immediately failed to follow the mandatory procedures for initiating a criminal investigation as prescribed under the Code of Criminal Procedure (CrPC), 1973.
The Court remained undecided on whether these lapses were the result of “ignorance, inefficiency or malicious motivation,” but noted the outcome remained the same: a failed prosecution and a “scripted” attempt to pin the crime on the accused.
The bench emphasized the grave danger posed by pre-determined or fabricated investigations.
“An inept investigation or a scripted enquiry, both are fatal to criminal prosecution; but the latter has lethal consequences when there is a possibility of totally innocent persons being crucified,” the Court remarked.
The Justices lamented the human cost of the failed process, noting that many of the accused had “suffered incarceration for long periods” while others died before they could see their names cleared.
Conclusion and Directions
The Supreme Court allowed the appeals and acquitted all remaining appellants, effectively setting aside the 2021 judgment of the Gauhati High Court.
In a final recommendation to the state, the bench suggested that the State of Assam and its Home Department must focus on better equipping and educating investigating officers. The Court stressed the necessity of training personnel on due process to ensure that crimes do not go unresolved and that the innocent are not subjected to unwarranted prosecution.
