Title: State v. Usha Devi & Anr.
Decided on: 01st August, 2023
+ CRL. A.229/2023
CORAM: HON’BLE MR. JUSTICE SURESH KUMAR KAIT & HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA
The Delhi High Court has awarded a compensation of Rs. 50,000 each to two acquitted accused in a murder case. The accused, who were the grandmother and father of a 2-year-old deceased child, had been acquitted by the Trial Court for offenses under Section 302 of the Indian Penal Code (IPC). The High Court found that the investigation conducted by the prosecution agency was severely lacking.
The High Court heard an appeal filed by the State against the judgment of the Trial Court, which had acquitted the accused persons. The accused were the grandmother and father of a 2-year-old child who had been charged under Section 302 of the IPC. The prosecution agency’s investigation had led to their trial.
The High Court observed that it is a settled legal principle that the guilty should not go free, and the innocent should not be falsely accused and punished. In this case, the High Court criticized the terrible investigation conducted by the prosecution agency, which lacked material substance against the accused. The Court emphasized that the accused had suffered due to the unfair investigation, enduring a long trial and undeserved punishment.
The High Court also cautioned prosecution agencies to conduct investigations prudently and urged trial courts to carefully assess the evidence so that innocent individuals do not have to endure the suffering of incarceration.
The High Court, acknowledging that the matter involved a policy decision to be taken by the Ministry and the legislature, found the compliance report submitted by the Ministry of Electronics & Information Technology (MeitY) to be sufficient. The Court appreciated the Ministry’s acknowledgment of the concerns raised in its judgment and expressed confidence that the Ministry would incorporate the necessary rules and regulations to regulate social media platforms as per the court’s directions.
The Delhi High Court’s decision to award compensation to the acquitted accused underscores the importance of conducting fair and thorough investigations. The Court’s strong words against the prosecution agency’s inadequate investigation serve as a reminder of the responsibility to ensure that justice is served and innocent individuals are not wrongfully implicated. The compensation awarded to the accused acknowledges the ordeal they went through due to the flawed investigation process.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Ankit Kaushik