New Delhi, Oct 26 Slamming Uttar Pradesh Police over a “slipshod investigation” in a murder case, the Supreme Court on Monday directed the state to pay Rs 6 lakh as “reparation” to a man who spent six years in custody as an undertrial.
Terming him a “victim of the system”, the apex court said six years were erased from his life on the strength of a “concocted story” built on mere surmises and conjectures.
“The state cannot shirk from its responsibility to protect its citizens, especially when a person arraigned in a criminal case is presumed innocent until proven guilty,” a bench of Justices J B Pardiwala and K Vinod Chandran said.
It said investigating and prosecuting agencies do not exist to merely bring in a conviction by whatever means.
“They should recognise themselves to be essential stakeholders in the justice delivery system, ensuring justice, not only to the victim, the de facto complainant and the injured, but also to the accused,” the bench said.
“We come across such travesty of justice in many matters, but in some, so blatant and shocking, as in this case, which requires reparation to the accused, who in turn is a victim of the system,” it said.
The top court’s verdict came on a plea by an accused who had challenged a January order by Allahabad High Court denying him bail in a case registered in Agra in 2019.
In its judgment, the apex court noted that on March 23, it had directed the trial court to complete the trial in the case within three months.
It further noted that pursuant to its direction, the trial was concluded and the petitioner was acquitted.
“This is a classic case of how an investigation should not be proceeded with, resulting in the prosecution putting into jeopardy a person’s life and liberty,” the bench said.
It noted that the petitioner was languishing in jail since November 14, 2019.
The bench said it was unfortunate that despite absence of evidence against the petitioner, he was imprisoned for six years as an undertrial.
“Based on a slipshod investigation, a haphazard prosecution was carried out, which resulted, fortunately in the acquittal of the accused. We cannot but deprecate the manner in which the investigation was carried out and the prosecution (was) conducted,” it said.
The bench noted that the trial court had acquitted him after finding none of the four circumstances, including electronic evidence, projected by the prosecution to be proved.
“We spent our valuable time going through the judgment only to caution the state as to the manner in which investigations are carried out. The state police would do well to educate their officers in the process of investigation,” it said.
The bench said a copy of the verdict be sent to the director general of police and home secretary of Uttar Pradesh.
“We, hence, direct the state to pay an amount of Rs 6 lakh; though paltry in comparison to the years spent in custody, within a period of one month to the petitioner herein,” it said, while disposing of the petition.
(PTI News)
