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2018 Supreme(Sikk) 55

MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Somnath Sharma S/o Indralall Sharma – Appellant
Versus
State of Sikkim – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. N. Rai, Ms. Tamanna Chhetri, Ms. Malati Sharma.
For the Respondents: Mr. Karma Thinlay, Mr. Thinlay Dorjee Bhutia, Mr. S.K. Chettri, Ms. Pollin Rai.

JUDGMENT :

BHASKAR RAJ PRADHAN, J.

1. The process of justice dispensation in a criminal case mandates a thorough and sincere investigation by the investigating agency to place the absolute truth-the inflexible reality before the Court. The Investigating Officer is required to be professional, ethical, unbiased and adept with the laws. The trial of criminal cases must have the paramount objective to establish the truth. The object of investigation would be to bring home the offence to the offender however, without out stepping from the path of truth. The sole objective of the trial would be to render justice, however harsh the outcome may be. The ultimate object of both investigation and trial is to arrive at the truth. The prosecution as well as the defence lawyers must play a crucial role in the adversarial proceeding. During trial the trial Judge has a fundamental duty to ensure fair play and the acceptance of oral as well as documentary evidence in the manner prescribed by law is fundamental. The understanding of the Indian Evidence Act, 1872, the procedural law as provided in the Code of Criminal Procedure, 1973 (Cr.P.C.) and the ingredients of the offence as defined in the subst

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