In Brief
A man's wife was killed and his minor daughter raped by alleged accused persons. The police investigation was considered inadequate and unfair, with departmental action taken against investigating officers. The High Court refused to transfer the investigation to the CBI because trial had commenced. The Supreme Court held that constitutional courts can direct transfer of investigation to the CBI even after trial begins, when the investigation is tainted or lacks fairness. Fair trial requires fair investigation. The Court directed the CBI to take over the investigation, emphasizing that the stage of trial cannot be an absolute impediment to justice and that marginalized victims should not feel abandoned by law.
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