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1976 Supreme(SC) 346

P.N.BHAGWATI, S.MURTAZA FAZAL ALI, V.R.KRISHNA IYER
Harshadsingh Pahelvansingh Thakore – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
G.A.SHAH, L.C.Goyal, Radha Rangaswamy

Judgment

KRISHNA IYER, J.:- Judicial symmetry, when the subject of dispute in re-appraisal of evidence of dispute in re-appraisal of evidence even on the sophisticated ground of misappreciation, has to submit itself to certain self-restraining rules of processual symmetry. The trial Court directly sees the witnesses testify and tests their veracity in the raw. The appellate Court, enjoying coextensive power of examination, exercises it circumspectly, looks for errors of probative appraisal, oversight or omission in the record and makes a better judgment on the totality of materials in the light of established rules of criminal jurisprudence. As the case ascends, higher forensic review is more rarefied. Such being the restrictive approach, the SC cannot be persuaded, without stultifying the system of our judicature, to go over the ground of reading the evidence and interpreting it anew so as to uphold that which appeals to it among possible alternative views. If there is perversity, miscarriage of justice, shocking misreading or gross-misapplication of the rules, procedural and substantive, we interfere without hesitation. Of course, other exceptional circumstances also may invoke o











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