Whether accused can be acquitted due to lapse on part of investigating officer?

 Contention of respondents is that evidence of PW-15-Fingerprint Expert incriminates the appellants AK Singh and UK Singh. However, in proving this incriminating evidence, there seems to be lapses on the part of the prosecution. As noticed earlier, police constable Tirumal Kumar- photographer of MFSL Unit had taken the photographs of the preserved chance fingerprints. To prove the chance fingerprints lifted from the entrance glass doors of the bank, the prosecution should have proved the photographs by examining constable-Trimul Kumar and should have produced the negatives of the photographs of the chance fingerprints. This lapse in the prosecution, in our view, cannot result in acquittal of the appellants. The evidence adduced by the prosecution must be scrutinized independently of such lapses either in the investigation or by the prosecution or otherwise, the result of the criminal trial would depend upon the level of investigation or the conduct of the prosecution. Criminal trials should not be made casualty for such lapses in the investigation or prosecution.
Reportable

Supreme Court of India

Ajay Kumar Singh vs Flag Officer Commanding & Ors on 13 July, 2016

Bench: T.S. Thakur, R. Banumathi

Citation:AIR 2016 SC 3528

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Supreme court: Finding to be recorded in each case whether lapse committed by investigating officer was innocent or blameworthy

 On the culmination of a criminal case in acquittal, the concerned
investigating/prosecuting official(s) responsible for such acquittal must
necessarily be identified. A finding needs to be recorded in each case,
whether the lapse was innocent or blameworthy. Each erring officer
must suffer the consequences of his lapse, by appropriate departmental
action, whenever called for. Taking into consideration the seriousness
of the matter, the concerned official may be withdrawn from investigative
responsibilities, permanently or temporarily, depending purely on his
culpability. We also feel compelled to require the adoption of some
indispensable measures, which may reduce the malady suffered by
parties on both sides of criminal litigation. Accordingly we direct, the
Home Department of every State Government, to formulate a procedure
for taking action against all erring investigating/prosecuting
officials/officers. All such erring officials/officers identified, as
responsible for failure of a prosecution case, on account of sheer
negligence or because of culpable lapses, must suffer departmental
action. The above mechanism formulated would infuse seriousness in
the performance of investigating and prosecuting duties, and would

ensure that investigation and prosecution are purposeful and decisive.

 REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1485 OF 2008
State of Gujarat 
V
Kishanbhai Etc.

Jagdish Singh Khehar, J.
Dated:January 7, 2014

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