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The Supreme Court of India, recently, in Rajesh & Anr. vs The State of Madhya Pradesh, while setting aside the conviction of three accused persons alleged to have been involved in murder and related offences, emphasised the need to devise ‘a consistent and dependable code of investigation’ so that the guilty do not walk free on technicalities. The Court not only pointed out some illegalities in the investigation but also echoed the comments of the Justice Malimath Committee on Reforms of the Criminal Justice System and the observations of the Law Commission of India in its Report number 239. Here is a reality check on both these observations.
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