Summary: HC, after acquitting the appellant, directed the CBI to re-investigate after considering the relevant material and documents on record- Allowing appeal, SC held: Any benefit accruing from faulty investigation ought to be given to the accused. The necessary corollary thereof being that simply because the investigation was less than satisfactory, the accused should not be subjected to the same once more. (Para 21)
Code of Criminal Procedure 1973- Difference between retrial and reinvestigation. Retrial implies that the judicial process that starts after the investigation of the crime is complete shall be redone from the start, whereas the latter implies that the police and other investigating authorities are once again required to collect and examine evidence in order to present charges before a Court, so that the trial can commence on such freshly collected evidence. (Para 23) Section 386(b) of Cr.P.C unanimously speak of retrial and not reinvestigation. Section 173(8) of the Cr.P.C provides for further investigation with the permission of the magistrate, but not reinvestigation. Such a concept, as it appears, is only invoked in extraneous circumstances. The mere observation that the investigating authorities may have taken a lackadaisical ethical approach does not warrant the accused being put through the wringer once more for the same offence. (Para 24)
Constitution of India – Article 20(2) – Double Jeopardy – Three conditions: Firstly, there must have been previous proceedings before a court of law or a judicial tribunal of competent jurisdiction in which the person must have been prosecuted. The said prosecution must be valid and not null and void or abortive. Secondly, the conviction or acquittal in the previous proceeding must be in force at the time of the second proceeding in relation to the same offence and same set of facts, for which he was prosecuted and punished in the first proceeding. Thirdly, the subsequent proceeding must be a fresh proceeding, where he is, for the second time, sought to be prosecuted and punished for the same offence and same set of facts. (Para 31)
CBI Investigation – The transfer to CBI must take place in special circumstances, or else the agency, being with limited resources shall be overburdened and rendered ineffective. (Para 27)