A fair investigation would become a colourable one when there involves a suppression. Suppressing the motive, injuries and other existing factors which will have the effect of modifying or altering the charge would amount to a perfunctory investigation and, therefore, become a false narrative. If the courts find that the foundation of the prosecution case is false and would not conform to the doctrine of fairness as against a conscious suppression, then the very case of the prosecution falls to the ground unless there are unimpeachable evidence to come to a conclusion for awarding a punishment on a different charge.{Para 45}
Supreme Court
JUSTICE SANJAY KISHAN KAUL JUSTICE M.M. SUNDRESH
ARVIND KUMAR @ NEMICHAND & ORS. Vs. STATE OF RAJASTHAN
CRIMINAL APPEAL NO. 753 OF 2017
22nd November 2021
Author: M.M. SUNDRESH, J.
Citation: 2021 ALL SCR (ONLINE) 675
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