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2017 Supreme(Online)(DEL) 577

HIGH COURT OF DELHI
SUSHIL ARORA – Appellant
Versus
STATE – Respondent


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

Crl. A. No.1284/2015 & connected matters Page 2 of 140

punished, many guilty persons must be allowed to escape. Proof beyond reasonable doubt is a guideline, not a fetish..."

[Gangadhar Behera v. State of Orissa, (2002) 8 SCC 381 and Inder Singh v. State (Delhi Admn.) (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 Sections 302 and 307 read with Section 34 of Indian Penal Code, 1860 (IPC) and by the impugned order awarded as punishment imprisonment for life with various amounts

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