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2017 Supreme(Del) 464

GITA MITTAL, R.K.GAUBA
SUSHIL ARORA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
For the Appellants : Mr. Vikas Arora and Ms. Radhika Arora.
For the Respondent: Ms. Aasha Tiwari.

JUDGMENT :

R.K. GAUBA, J.

"...A reasonable doubt is not an imaginary, trivial or merely possible doubt, but a fair doubt based upon reason and common sense. It must grow out of the evidence in the case. If a case is proved perfectly, it is argued that it is artificial, if a case has some flaws inevitable because human beings are prone to err, it is argued that it is too imperfect. One wonders whether in the meticulous hypersensitivity to eliminate a rare innocent from being punished, many guilty persons must be allowed to escape. Proof beyond reasonable doubt is a guideline, not a fetish..."

Gangadhar Behera vs. State of Orissa, (2002) 8 SCC 381 and Inder Singh vs. State (Delhi Administration), (1978) 4 SCC 161.

1. These five appeals challenge the judgment dated 02.07.2015 and order dated 26.08.2015 passed by the Additional Sessions Judge, New Delhi in Sessions case no. 07/2009. By the impugned judgment, the learned trial court held the appellants guilty for offences punishable under Secti






































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































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