Accused Not Entitled to Acquittal Just Because Complainant Probed Case: SC

In a significant verdict, the Supreme Court on Monday overruled its 2018 judgement that had held that if a complainant or an informant of a crime investigate a case then the accused are entitled to acquittal and held that the “question of bias” would depend upon facts and circumstances of each such matters. A contrary decision of this Court in the case of Mohan Lal … and any other decision taking a contrary view that the informant cannot be the investigator and in such a case the accused is entitled to acquittal are not good law and they are specifically overruled,” said the bench which also comprised justices Indira Banerjee, Vineet Saran, M R Shah and S Ravindra Bhat. Justice Shah, writing 62-page judgement for the bench, held that the top court did not agree to the views held in the Mohan Lal and “It cannot be said that in the … decisions, this Court laid down any general proposition of law that in each and every case where the informant is the investigator there is a bias caused to the accused and the entire prosecution case is to be disbelieved and the accused is entitled to acquittal.” The bench added that ground of bias and prejudice have to be raised and proved in each case separately. It also dealt with offences under special legislations and said, “We are of the opinion that there cannot be any general proposition of law to be laid down that in every case where the informant is the investigator, the trial is vitiated and the accused is entitled to acquittal.” “Investigation includes even search and seizure.