Law: Anti-Terrorism Act, 1997

Section: 27

(a) Anti-Terrorism Act (XXVII of 1997)---

----S.27---Defective investigation---Criminal Procedure Code (V of 1898), Ss.537 & 156---C-ise against accused was that he being Investigating Officer in a criminal case after completion of investigation had failed to mention names of Mashirs of identification parade in charge-sheet with the result that those Mashirs were not examined by Trial Court and case resulted in acquittal of the accused---Evidence on record had shown that Mashirnama of Identification was produced by Sub-Divisional Magistrate in whose presence identification test was held---Names of Mashirs with addresses transpired in Mashirnama---If due to any bona fide mistake/omission, any irregularity was committed by accused/Investigating Officer that could have been rectified by the Trial Court by summoning Mashirs and entire trial was not to be vitiated due to said irregularity as the same was curable under 5.537, Cr.P.C.---Accused, even otherwise, could not be punished as it was not proved beyond shadow of doubt that he intentionally and improperly, without due diligence, had failed to pursue case and that he had acted in breach of his duties---Conviction and sentence of accused were set aside.