Defective Investigation: A Hidden Barrier to Effective Prosecution of Criminal Cases

Abstract

Defective investigations have now become an unignorable challenge for the successful prosecution of criminal cases. These are such types of defects that lead to acquittals even in an ostensibly strong case. Such investigations create a permanent obstruction even for prosecutors to conduct trials effectively and efficiently before courts. This study aims to analyze the impact of defective investigation on the effective prosecution of criminal cases. For this study, a qualitative case study approach will be employed. Fifteen recent most reported criminal cases have been selected wherein acquittals have been attributed to defective investigations by higher courts in Pakistan. Through the analysis of these cases, this research identifies recurring investigative deficiencies that need to be removed. This research has provided valuable insights into those areas of criminal cases where investigation methodologies and outdated practices need improvement. Based on the findings of the reported criminal cases, this study has offered practical recommendations to change the defective investigation into effective investigation. Through rectification of these fundamental defects and implementation of the recommendations as provided in this study, the investigating agency will be able to aid justice through successful prosecution of criminal cases.