Monday, January 28, 2013

Gujarat High Court calls for a new trend for successful prosecution

While dismissing an appeal filed by the state government against acquittal in a rape case, the division Bench of Mr Justice DH Waghela and Mr Justice GR Udhwani also called for guidelines for the IOs and prosecutors, and has said in a recent judgement that “It is high time the investigating officer as well as the prosecutor concerned are held accountable, and appropriate actions taken against them after affording them opportunity of being heard and explain the circumstances leading to failure of the prosecution,” The High Court has also added that "The prosecution fails mainly because of incompetence, disinterest or complicity of the investigation officer in failing to secure necessary evidence." "Merely initiating prosecution and producing evidence before courts or filing appeals do not meet the ends of justice. Failure of the prosecution in genuine cases...erodes the faith of the people in the rule of law."

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