'Accused Acquitted Due To Shortfalls In Probe': Kerala HC Calls For Scientific Investigation Methods, Centralized Knowledge Repository

In the facts of the case, the appellant-mother who was convicted under Section 302 of the IPC by the Additional Sessions Court for murder of her own 1 and half year old son. The appeal was filed on the grounds that the investigating officer failed to gather medical evidence or investigate the appellant's mental health issues.

The Division Bench of Justice Raja Vijayaraghavan V and Justice P. V. Balakrishnan while setting aside the sentence and conviction of the appellant stated that the investigating officer was duty bound to investigate her mental condition to determine whether she suffered from any unsoundness of mind or not.

The Court stated that defective investigation could weaken the prosecution case, and hence stated that police must make use of advanced technology to navigate complex cases and to give justice to both the victim as well as the accused and to bring transparency to the investigation.

Court stated, “The Bharatiya Nagarik Suraksha Sanhita, 2023, has taken a commendable step by introducing the use of technology at all stages of the criminal justice process, from crime registration to the conclusion of the trial. The primary objective of these transformative changes is to expedite trials and bring transparency to the investigation process. The integration of technology and forensic science into investigations is a pivotal development aimed at modernizing the criminal justice system and harnessing the strengths of modern scientific methodologies. Such measures will not only ensure greater accountability in police investigations but also improve the quality of evidence, thereby safeguarding the rights of both the accused and the victims. Consequently, it is imperative to institutionalize training programs to equip investigating officers with scientific methods of investigation.”

Background Facts

Initially, the husband filed FIR stating that his son sustained injuries by falling down from the cot and that his life could not be saved. However, police investigation revealed that the appellant pressed the neck and strangulated her son.

The appellant took the plea of mental insanity, however, the Sessions Court found that the appellant did not produce evidence to substantiate it.

The Counsel for appellant submitted that she and her elder son were suffering from mental disorder and was undergoing treatment. It was submitted that the investigating officer suppressed the medical treatment records of the appellant. It was argued that the investigating officer has failed to conduct fair investigation regarding the mental condition of the appellant and that this has resulted in great prejudice.

Observations

The Court noted that medical evidence proves that the child died of homicide. The Court further noted that medical records of the appellant shows that she was suffering from psychiatric illness and was having psychotic episodes for the past 8 years. It also noted that the appellant tried to commit suicide after two of the incident.

The Court observed that the investigating officer failed to gather any evidence regarding the appellant's mental condition, did not mention her treatments, and did not examine any witnesses to prove her mental illness.

Intentional suppression of facts by Investigating Officer

The Court observed that when previous history of mental illness is revealed to the investigating officer, he must subject the accused to medical examination and present evidence before the court. The Court further stated defective investigation would weaken the prosecution case and the benefit of doubt will be given to the accused.

The Court stated that the investigating officer must probe the appellant's unusual and inappropriate behaviour if the way the crime was committed raises doubts about the mental state of the accused.

In the facts of the case, the Court noted that the officer did not examine the family members, doctors who treated the accused or produce medical evidence to conduct an inquiry as to whether the appellant was suffering from mental disorder.

The Court stated that an investigating officer must conduct fair and impartial investigation for uncovering truth. It stated that investigation gets compromised when there is suppression of critical facts, evidence etc.

Efficient and Scientific Investigation

The Court referred to the 154^th Law Commission Report to state that there is an urgent need for a dedicated investigating wing within the police force that continually updates its knowledge and skills by leveraging advancements in technology.

It stated that efficient investigation requires adoption of scientific methods of investigation.

Court stated, “we observe that the average investigating officer continues to rely heavily on traditional methods, such as recording witness statements or extracting confessions from accused persons, to complete investigations….reliance on outdated methods can largely be attributed to a lack of awareness and knowledge about the scientific tools available for crime detection. This shortfall can be addressed by providing access to state-of-the-art scientific facilities and conducting regular, systematic in-service training programs at periodic intervals.”

It noted that many accused are acquitted due to the shortfalls and errors in the police investigation. The Court thus stated that the State Police Department must establish a 'centralized knowledge repository' for young and inexperienced officers to enable them to access information and to seek guidance from experts.

Court further stated, “The creation of such a central knowledge repository would empower investigating officers by allowing them to access relevant precedents, evidence-gathering techniques, and expert advice, ensuring a more robust and efficient investigation process. Moreover, with crimes increasingly involving advanced technology, officers must be provided with the necessary support to navigate complex cases and prepare foolproof final reports backed by legally admissible evidence. Without timely intervention and proper training, the quality of crime investigations will continue to suffer, resulting in serious injustices. We trust that these suggestions will be given due consideration and that appropriate measures will be taken to make crime investigations in the State more effective, scientific, and result-oriented.”

In the facts of the case, the Court stated that the investigating officer exhibited a dishonest approach into the investigation by failing to ascertain the mental state of the appellant. As such, the Court allowed the appeal and set aside the sentence and conviction imposed upon the appellant.

Counsel for Appellant: Advocate Manju Antony

Counsel for Respondents: Senior Public Prosecutor Neema T V

Case Number: Crl.A No. 964 Of 2020

Case Title: Rollymol v State of Kerala

Citation: 2024 LiveLaw (Ker) 809