LAW FOR ALL

When the Accused not denied his signature on the recovery memo or alleged that his signature was obtained by threat, duress or coercion - the absence of any FSL report may at best be considered as Defective Investigation. The pistol was recovered on the confession of the appellant from under the earth in the courtyard, the earth was freshly dug. The High Court disbelieved the recovery because the independent witness PW2 went hostile. But the High Court missed the reasoning by the trial court that PW­2 did not deny his signature on the recovery memo nor did he state that his signature was obtained by threat, duress or coercion. The absence of any FSL report may at best be defective investigation.