Investigative Lapses Raises Presumption of Innocence in Favor of Accused- Supreme Court

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December 20, 2018

Case name: State of Uttar Pradesh v. Wasif Haider

The facts of the present case raised substantial concern pertaining to investigation of the case, particularly the manner in which TIP (Test Identification Parade) was conducted. The High Court noting the flaws in the investigation acquitted the accused in the case. The accused alleged that there existed an inordinate delay in conducting the TIP and moreover prior to the TIP, the police had taken their photographs and had shown it to the other witnesses which created a considerable doubt about the genuineness of the TIP.

The Supreme Court Bench in view of the facts and circumstances of the case held that the investigative lapses fortified the presumption of innocence in favor of the accused respondents. The Apex Court also noted that in such cases, the benefit of doubt arising out of a faulty investigation accrues in favor of the accused.

Accordingly, the Supreme Court concurred with the order of acquittal rendered by the High Court, as the present case is ridden with multiple investigative laches and flaws which goes to the root of

the matter.

The entire case can be accessed here.