Scientific probe would have nailed BMW case, says court

Delhi High Court has stressed the need for investigating agencies to conduct "scientific" probes using "state-of-the-art equipment" to ensure that the prosecution's stand is not weakened due to lack of evidence, as in the Sanjeev Nanda BMW hit-and-run case.

On Monday, the court reduced the sentence of Nanda, convicted for mowing down six people with his BMW in 1999, from five to two years.

In his 274-page judgement, Justice Kailash Gambhir said: "Courts have quite often observed that though they are convinced that the accused is guilty but they have to acquit him by giving benefit of doubt due to failure of the investigators in properly conducting the investigation."

Justice Gambhir said the probe would have been effective if it had been done in a scientific manner.

"Scientific inputs help the investigators in solving a number of cases of crime. The latest state-of-the-art equipments are the need of the hour considering the escalating rates of acquittal in India due to faulty and defective investigation.

"With the advancement in science and technology, it is high time that the novel and scientific methods of investigation are used by a team of well-trained experts and not merely through an ill equipped, overburdened and constrained team of investigating officers," the court said.

Stressing the importance of good investigation, Justice Gambhir said: "Since our country follows the adversarial system of criminal justice, it is essential for bringing the culprits to the books that the prosecution is strong and well fed by the investigating agencies. Police and other investigating agencies are at the heart of the criminal justice system of India."

Last updated on Jul 21^st, 2009 at 14:01 pm IST--IANS