Impact of Defective Investigation and Prosecution on Trial

Abstract

There is rising impression in the Pakistan that the accused get scot free from the Courts. This impression is not in vacuum. There are factors contributing to it. This impression finds support too from the low conviction rate in our country. In Pakistan, the conviction rate is 8.66%, while the conviction rate in India is 37.4%, in England (Crown Court) 90%, and in Japan, it is 99.9%. These figures tend to show that in Pakistan, the Justice prevails, when 91% of the accused persons, after facing the agony of trial, are acquitted by the courts. It not only encourages a criminal to dare repeat the crime, but also results in loss of faith of the victim, his family and society at large, over the Criminal Justice System of Pakistan. The low conviction rate is directly proportional to the wrongs committed during investigation, and indirectly with defective prosecution in Pakistan. However, blaming the courts for acquittal of the accused is not justifiable. The courts are deciding the cases on basis of whatever evidence and material is produced before them, which is collected by the investigating agencies. The courts are not meant for recording convictions only, but for the dispensation of even-handed justice. If the investigation is defective, the prosecution is lethargic, if there is scanty evidence, if witnesses turn hostile, whether the court is left with any other option except to give accused the benefit of doubt. The law requires proof beyond any reasonable doubt. This probative value of high degree is not possible unless the evidence is collected by the agency without leaving anything unturned. Given this backdrop, in this article, we have tried to discuss the impact of defective investigation and defective prosecution on trial. The article is also aimed at finding out as to what can be done for improving the current situation. The conclusion would show that the courts cannot be blamed for low conviction rate when the police, prosecutors and executive authorities fail to discharge their duty.