Acquittal upheld where tainted investigation and suspicious FIR undermined prosecution evidence and witness reliability.

The SC declined to interfere with an acquittal where the High Court's appreciation of evidence was found reasonable and sound. The investigation was held tainted because the first information was not properly recorded at the outset and the FIR appeared to have been brought into existence after deliberation and consultation. That delay and suspicious preparation undermined the prosecution version and attracted the rule against reliance on statements made during investigation. Although some witnesses were related to the deceased, that fact alone was not fatal; without strong corroborative evidence of a clinching nature, their testimony could not safely be acted upon once the bona fides of the investigation were in doubt. The State appeal therefore failed.

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Issues: Whether the acquittal recorded by the High Court should be interfered with in view of the alleged infirmities in investigation, the treatment of the first information report, and the reliability of the prosecution evidence.

Analysis: The findings of acquittal were supported by a proper appreciation of evidence and were found to be reasonable and sound. The investigation was held to be tainted because the first information was not properly recorded at the outset and the report was brought into existence after deliberation, consultation, and discussion. The delayed and suspicious preparation of the first information report attracted the rule against using a statement made during investigation, and the circumstances undermined the reliability of the prosecution version. The relationship of some witnesses to the deceased was not by itself fatal, but in the absence of strong corroborative evidence of a clinching nature, their testimony could not safely be relied upon once the bona fides of the investigation had been successfully challenged.

Conclusion: The acquittal was not to be interfered with and the State appeal failed.

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