Guilt Can’t Be Presumed Due to IO Collusion Claims: Supreme Court
Case Title: Dhrub Singh Etc. v. The State of Bihar
Case No.: Criminal Appeal Nos.1434-1438 of 2017
Coram: Justice J.B. Pardiwala and Justice K. Vinod Chandran
Court Observation
“A faulty investigation cannot inure to the benefit of the accused, but when there is no reliable evidence, merely because the I.O was recalcitrant or a complaint of collusion was raised against him, the Court cannot presume the guilt of the accused.”
“There is complete lack of evidence in the present case and the testimonies, as we observed, do not inspire confidence.”
“The case is not of a faulty investigation but of no investigation having been carried out. Even the inquest was carried out before the FIS was recorded; making it pre-meditated. The High Court egregiously erred in looking at a complaint against the I.O not produced in the trial, to find the evidence led to be clinching insofar as the culpability of the accused.”
“We are unable to find the prosecution having established the culpability of the accused beyond reasonable doubt.”
Guilt Can’t Be Presumed Due to IO Collusion Claims: Supreme Court
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