Supreme Court: How to appreciate evidence if investigating officer fails to investigate complaint of accused that he was falsely implicated due to political rivalry?

 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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Whether state is liable to pay compensation to accused if he suffers due to false implication?

If appellants look in hindsight then the distance covered
by them between this period is been full of painful memories,
remorse and agony. At this juncture, this Court feels that
valuable period of 12 years of appellants have been consumed
at the altar of false implication due to defective investigation
and casually conducted trial with poor appreciation of evidence
by the trial Court.
23. The Right to Life is a Fundamental Right enshrined
under the Fundamental Rights of the Constitution, in the most
coveted chapter (Chapter III of Fundamental Rights) of the
Constitution coupled with the enlightenment displayed by the
Preamble of our Constitution wherein Securing Justice to
Citizens has been placed at the top of all virtues and being a
democratic and welfare State, it is incumbent upon the State to
take care of its citizens with motherly tenderness specially,
when a citizen is severely bruised by the organs of the State.
Therefore, this Court finds the instant case, a fit case for grant
of compensation of Rs.1,00,000/- (one lac only) each, to both
the appellants to be granted as compensation for the injustice
inflicted over them by way of false implication. Our criminal
Juris prudence gives more stress over avoiding of false
implication of an innocent to the extent where hundred guilty
may go scot- free. The spirit behind the same is very pious.
Even otherwise, by one case of false implication of an
innocent, rule of law loses one exponent (supporter) and a
rebel with defiance towards rule of law is ready. Poor
investigation with tainted prosecution is perfect recipe for such
eventuality.
24. Although, no such provision exists in the Cr.P.C. for
compensating the accused but certainly State cannot wriggle
out from its constitutional and tortious liability, in the present
set of facts. Fundamental right of a person cannot be
sacrificed at the altar of mis-governance or at the whims or
because of poor investigation. State Government would be at
liberty to recover the said amount from the erring officers/
investigation officers, if appropriate authority decides so, after
giving opportunity of hearing to them and if their casualness
and negligence are proved in an enquiry.

Law laid down:
(I) If because of poor investigation and tainted
prosecution, the accused suffers and it is apparent that he is
innocent then he deserves compensation from the State under
Right to Life.
(II) Right to Life is a Fundamental Right enshrined
under Chapter III of the Constitution of India and Preamble of
our Constitution gives priority to secure Justice to citizen at the
top of all virtues, therefore, it is incumbent upon the State to
take care of its citizens, when a citizen is severely bruised by
the organs of the State therefore, appellants deserve
compensation because of poor investigation and tainted
prosecution.

HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
 DIVISION BENCH
(S.A. Dharmadhikari & Anand Pathak, J.J.)
 Criminal Appeal No.812/2008

Durga @ Raja Vs State of Madhya Pradesh

(Pronounced on 06th day of July, 2018)

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When plea of accused that police has falsely implicated him is not tenable?

We cannot accept the submission of learned counsel for the Appellant when he urged that it was the police who falsely implicated the names of the accused in the dying declaration which led to the registration of FIR against them resulting in their conviction.

30. In our view, there is no evidence to accept this submission. The Appellant failed to cite any incident of significance to prove that the police authorities knew the accused persons prior to the date of incident or/and that the accused or police authorities had some kind of grudge/animosity due to some prior incident etc. and due to which the police falsely implicated the accused persons in this case. In our view, there has to be some strong circumstance to prove false implication by the police officials in any serious offence such as the one here. We do not find it to be so here.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 2311 of 2009

Decided On: 14.12.2016

Shama

Vs.

State of Haryana

Hon'ble Judges/Coram:

A.K. Sikri and Abhay Manohar Sapre, JJ.

Citation: 2017 ALLMR(CRI)448 SC

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