Police, Prosecutors Must Not Frame Innocent By Presenting Selective Evidence: HP HC
📌 Police, Prosecutors Must Not Frame Innocent By Presenting Selective Evidence: HP HC
⚖️ Core Principle
The Himachal Pradesh High Court has strongly held that police and prosecutors have a constitutional and ethical duty to present the complete truth before the Court.
They must not suppress material evidence.
They must not present only selective evidence to wrongly frame an innocent person.
The justice system’s integrity depends on the fairness of investigation and prosecution.
🔎 Legal Reasoning
Duty of Fair Investigation
Investigation is not about securing conviction at any cost.
It must be fair, impartial, and unbiased, aimed at finding the truth, not targeting an individual.
Article 21 (right to life and personal liberty) is violated if an innocent is falsely implicated.
Duty of Prosecutor
A prosecutor is not just a lawyer for the State but a minister of justice.
His role is to ensure that the guilty are punished, and the innocent are protected.
Selective Evidence = Miscarriage of Justice
Presenting only part of the evidence to suit a theory amounts to malicious prosecution.
It undermines the right to fair trial under Article 21.
📚 Important Case Laws
Manu Sharma v. State (NCT of Delhi), (2010) 6 SCC 1
SC emphasized that the prosecutor must act impartially and place all relevant evidence, not just evidence favouring conviction.
Babubhai v. State of Gujarat, (2010) 12 SCC 254
SC held that an investigation must be fair, transparent, and free from bias. If the investigation is tainted, it violates Article 21.
Zahira Habibullah Sheikh v. State of Gujarat (Best Bakery Case), (2004) 4 SCC 158
SC stressed the role of prosecution in ensuring a fair trial. If prosecutors suppress evidence, it is a fraud on the criminal justice system.
Pooja Pal v. Union of India, (2016) 3 SCC 135
SC held that investigation must be unbiased and not designed to shield real culprits or frame innocents.
HP HC Ruling (2024 context)
Court observed that presenting selective evidence against an accused amounts to dereliction of duty by police and prosecutors, as it could destroy an innocent person’s life and liberty.
📝 Conclusion
Police & Prosecutors’ Role: Not to secure conviction at any cost but to present the whole truth.
Framing Innocent by Selective Evidence: Violates Article 21 (fair trial, life & liberty) and shakes public confidence in the justice system.
Judicial Warning: Courts will step in to prevent miscarriage of justice if selective, biased, or fabricated evidence is presented.
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