The Investigating Officer (PW-8) was cross examined
on behalf of the defence, and a specific
suggestion was put to him with reference to the
complaints made by the accused-appellant and his
family members regarding false implication of the
accused-appellant at the behest of the local MLA. The
Investigating Officer admitted that the complaints
made on behalf of the accused and his family
members, supported by affidavits, had been received
by him, but he did not make any inquiry into such
complaints. {Para 28}
29. This omission assumes significance because the
defence was not merely putting forth a bare
suggestion of false implication. It had specifically
brought to the notice of the Investigating Officer that
the accused-appellant and his family members had
approached the authorities alleging that the
appellant was being falsely implicated and targeted
on account of political rivalry. Once such complaints
were admittedly received during the course of
investigation, the Investigating Officer was expected
to undertake at least some verification before
completely discarding the same. His failure to
conduct any inquiry on these complaints deprives the
Court of an important circumstance which could
have either fortified or dispelled the defence plea.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 135 OF 2026
DHANRAJ Vs STATE OF RAJASTHAN
Author: Mehta, J.
Dated: SEPTEMBER 07, 2026.
Citation: 2026 INSC 958.
Read full judgment here: Click here.
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