In this judgment, Hon’ble High Court of Madhya Pradesh has ordered the State government to pay compensation of 1 lakh rupees to the accused due to the injustice inflicted over them by way of false implication. Our criminal Juris prudence gives more stress over avoiding of false implication of an innocent to the extent where hundred guilty may go scot- free. The spirit behind the same is very pious. Even otherwise, by one case of false implication of an innocent, rule of law loses one exponent (supporter) and a rebel with defiance towards rule of law is ready. Poor investigation with tainted prosecution is perfect recipe for such eventuality.
From Para 24,
Although, no such provision exists in the Cr.P.C. for compensating the accused but certainly State cannot wriggle out from its constitutional and tortious liability, in the present set of facts. Fundamental right of a person cannot be sacrificed at the altar of mis-governance or at the whims or because of poor investigation. State Government would be at liberty to recover the said amount from the erring officers/ investigation officers, if appropriate authority decides so, after giving opportunity of hearing to them and if their casualness and negligence are proved in an enquiry.
From Para 25,
Durga @ Raja Vs State of Madhya Pradesh on 6 July, 2018
Time has come when the Rule of Law is to be included as one of the essential components of infrastructure like road, water, electricity etc., otherwise these component of infrastructure and development would be sacrificed at the altar of mis-governance and lawlessness. Bridging of schism between rule of law and lawlessness is the need of the hours. It is expected from the Law Department, Home Department and Prosecution Department of the State Government that they will create a mechanism for scientific and methodical police investigation and scientific and methodical prosecution of the accused so that citizen may get justice and spirit of Right to Access Justice is fulfilled. A constant training programme or continuous education with latest technology be employed by the said authorities so that investigation and prosecution agency may march with the time and people at large be assured of their empowerment by way of Right to Access Justice.