Court Orders Against Harassment of Accused Without Concrete Evidence
In a significant ruling, the Rajasthan High Court, Jaipur Bench, has directed the police to expedite the investigation into a five-year-old murder case registered under FIR No. 109/2021 at Police Station Kolwa, District Dausa. The court, presided over by Justice Anoop Kumar Dhand, expressed dissatisfaction with the prolonged delay in the investigation of the case, which involves charges under Sections 365 and 302 of the Indian Penal Code.
The bench was hearing two cross petitions related to the case. The first, filed by the accused Gangasahay and others, sought the quashing of the FIR, alleging harassment by the police without substantial evidence. The second petition, filed by the complainant, requested the court to direct a fair and timely investigation by the police.
Justice Dhand noted that the investigation had been pending for an unreasonably long period and emphasized the necessity for a conclusion report under Section 173 of the Criminal Procedure Code. The court instructed the Superintendent of Police, Dausa, to oversee the investigation and ensure that the accused are not subjected to undue harassment in the absence of specific evidence.
In his appearance, Investigating Officer Manohar Lal, SI, stated that the deceased was last seen with the accused. However, the court rejected a request for a polygraph test of the accused due to lack of consent. Justice Dhand directed that any further interrogation of the accused should be based on concrete evidence, and they should not be compelled to remain at the police station without justification.
This directive aims to balance the need for a thorough investigation with the protection of individual rights, emphasizing the importance of timely justice and the prevention of unnecessary harassment of the accused.
Bottom line:-
Investigation must be conducted expeditiously, and accused persons cannot be harassed unnecessarily in the absence of concrete evidence.
Statutory provision(s): Sections 173, 156(3), 365, 302 of the Indian Penal Code, 190 Cr.P.C.
Gangasahay v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2917889
