Since right to fair inquiry, investigation and trail is the fundamental right of an accused
So the Supreme court in the Criminal Appeal No. 1008-1009 of 2007 mandates that
“The prosecution/investigating agency is expected to act in an honest and fair manner without hiding anything from the accused as well as the Courts, which may go against the prosecution. Their ultimate aim should not be to get conviction by hook or crook”
That the police and prosecution agency cannot hide any fact from the court which is requred to reach at a concluding in a proceeing.
“Even the conduct on the part of the investigating officer in suppressing the aforesaid fact from the court is required to be condemned. It appears that in fact the investigating officer and the prosecution deliberately withheld the aforesaid fact from the court.
