Colorable Investigation

There is a subtle difference between a defective investigation and one brought forth by a calculated and deliberate action or inaction. While dealing with a defective investigation, Court is expected to sift evidence available and find out truth. Every case involves a journey towards truth.

We are distressed to note, investigation has not been conducted in a fair manner [Kumar v. State, (2018) 7 SCC 536]. A fair investigation would become a colorable one when there involves a suppression. Suppressing motive, injuries and other existing factors which will effect – modifying or altering charge – would amount to a perfunctory investigation and, therefore, become a false narrative.

Hon’ble Justice M.M. Sundresh, Arvind Kumar v. State of Rajasthan, [Criminal Appeal No. 753 of 2017].