JUDGMENT (CAV)

J.B. Pardiwala, J.—As the captioned Criminal Confirmation Case as well as the Criminal Appeal arise from a self-same judgment and order of conviction and sentence of capital punishment, those were heard analogously and are being disposed of by this common judgment and order.

2. There is no higher principle for the guidance of the court than the one that no act of courts should harm a litigant and it is the bounden duty of the courts to see that if a person is harmed by a mistake of the court he should be restored to the position he would have occupied, but for that mistake. This is aptly summed up in the maxim ‘actus curiae neminem gravabit’. (Jang Sing v. Brij Lal and Others, AIR 1966 SC 1631).

Criminal Appeal No.474 of 2019:

3. This Appeal is at the instance of a convict – lady accused and is directed against the judgment and order of conviction and death sentence passed by the 2nd Additional Sessions Judge, Gandhidham, Kachchh, dated 15th March 2018 in the Sessions Case No.31 of 2017.

4. The appellant was put on trial in the court of the 2nd Additional Sessi