In Durga @ Raja Versus State of Madhya Pradesh, directing the state to compensate accused in an abduction case for false implication, the Madhya Pradesh High Court has observed that if because of poor investigation and tainted prosecution, the accused suffers and it is apparent that he is innocent then he deserves compensation from the state under Right to Life.
Granting a compensation of Rs. 1 lakh each to the acquitted accused, the court also said although no such provision exists in the CrPC for compensating the accused, certainly the state cannot wriggle out from its constitutional and tortious liability.
Article referred: http://www.livelaw.in/person-falsely-implicated-by-state-in-criminal-case-deserves-to-be-compensated-madhya-pradesh-hc-read-judgment/
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