Tuesday 30 November 2021

What is colourable investigation?

  A fair investigation would become a colourable one when there involves a suppression. Suppressing the motive, injuries and other existing factors which will have the effect of modifying or altering the charge would amount to a perfunctory investigation and, therefore, become a false narrative. If the courts find that the foundation of the prosecution case is false and would not conform to the doctrine of fairness as against a conscious suppression, then the very case of the prosecution falls to the ground unless there are unimpeachable evidence to come to a conclusion for awarding a punishment on a different charge.{Para 45}

Supreme Court

JUSTICE SANJAY KISHAN KAUL JUSTICE M.M. SUNDRESH

ARVIND KUMAR @ NEMICHAND & ORS. Vs. STATE OF RAJASTHAN

CRIMINAL APPEAL NO. 753 OF 2017

22nd November 2021


Author: M.M. SUNDRESH, J.

Citation:  2021 ALL SCR (ONLINE) 675

Read full Judgment here: Click here

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