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CASE NO.:

Appeal (crl.) 446-449 of 2004

PETITIONER:

Zahira Habibullah Sheikh & Anr

RESPONDENT:

State of Gujarat & Ors

DATE OF JUDGMENT: 08/03/2006

BENCH:

ARIJIT PASAYAT & H.K. SEMA

JUDGMENT:

J U D G M E N T

CRIMINAL MIS. PETITION NOS.6658-6661 OF 2004

IN

CRIMINAL APPEAL NOS. 446-449 OF 2004

ARIJIT PASAYAT, J.

The case at hand immediately brings into mind two

stanzas (14 and 18) of Eighth Chapter of Manu Samhita

dealing with role of witnesses. They read as follows:

"Stanza 14

"Jatro dharmo hyadharmena

Satyam Jatranrutenacha

Hanyate prekshyamananam

Hatastrata Sabhasadah"

(Where in the presence of Judges "dharma" is

overcome by "adharma" and "truth" by "unfounded

falsehood", at that place they (the Judges) are

destroyed by sin)

Stanza 18

"Padodharmasya Kartaram

Padah sakshinomruchhati

Padah sabhasadah sarban

pado rajanmruchhati"

(In the adharma flowing from wrong decision

in a Court