If a person accused of a serious offence is acquitted merely because of negligence and lapses by the investigating officer, it will be a "mockery of justice and the judicial process", a Delhi court has said while awarding life imprisonment to two men involved in a murder case.
Additional Sessions Judge (ASJ) Sandeep Yadav awarded life imprisonment to Raj Kumar, 32, and Rahul, 23, saying that "if the evidence adduced on record is sufficient to prove the charge against the accused persons, such lapses on the part of police will not advance the case of accused persons."
The judge also said that the accused cannot take any advantage from the lapses of the investigating agency and defective investigation on certain aspects of a case.
Both the convicts were being tried in a 2013 murder case in south Delhi's Dakshin Puri.
"If a person accused of a serious offence is acquitted merely because of negligence and lapse on the part of the investigating officer, it will be a mockery of justice and the judicial process." the court said in its Nov 13 order.
The court took note of the arguments advanced by defence counsel Raj Kumar, who pointed out various defects and lacunae in the investigation, including the police failure in examining the blood-stained knife.
Raj Kumar told the court that police did not try to find whose blood was on the knife and even the fingerprints on the knife were not examined.
The court, however, brushed aside the contentions of the defence lawyer, saying the investigating officer's failure to answer these questions will not point towards the innocence of the accused as the crime committed by them has been seen by a prosecution witness who had been consistent in his testimony.
According to the police, Himanshu, the witness in the case, was running a food stall in Dakshin Puri. On Jan 14, 2013, a scuffle occurred between Himanshu's brother Rohit and the convicts over his refusal to serve them.
Both the convicts, with another accused, who was a juvenile at the time of the crime, attacked Rohit on his thigh with a knife and ran away. Rohit was rushed to
hospital, but he succumbed to his injuries.
Police arrested the duo Jan 17, 2013. The minor offender is being tried before the Juvenile Justice Board.
Raj Kumar and Rahul were convicted under charges dealing with murder and common intention. Rahul was also convicted under the Arms Act.
The court observed that Rohit's dependents suffered emotionally and financially and ordered that out of a fine of Rs. 50,000 imposed on both by the court, Rs. 45,000 would be paid to them as compensation.
