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VIGILANCE MANUAL VOLUME III - AP Online

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980 DECISION - 551<br />

documents which were gathered prior to or subsequent to<br />

investigation. In such cases, there cannot be any prejudice to the<br />

accused. The Supreme Court held that the impugned order passed<br />

by the special court cannot be sustained, and allowed the application<br />

filed by the appellant for production of additional documents.<br />

(551)<br />

(A) Judge — approach of<br />

(B) Guilty — let no one who is guilty, escape<br />

A Judge does not preside over a criminal trial merely<br />

to see that no innocent man is punished. A Judge<br />

also presides to see that a guilty man does not<br />

escape. Miscarriage of justice arises from the<br />

acquittal of the guilty no less than from the conviction<br />

of the innocent.<br />

(C) Proof — benefit of doubt<br />

A reasonable doubt is not an imaginary, trivial or<br />

merely possible doubt, but a fair doubt based on<br />

reason and common sense. Proof beyond<br />

reasonable doubt is a guideline and not a fetish.<br />

Vague hunches cannot take the place of judicial<br />

evaluation.<br />

(D) Evidence — statement, false in part - appreciation of<br />

(E) Witnesses — statement, false in part - appreciation of<br />

The maxim “falsus in uno falsus in omnibus” (false<br />

in one thing, false in everything) is untenable. It<br />

has no application in India.<br />

Gangadhar Behera vs. State of Orissa,<br />

2002(7) Supreme 276

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