Judgment

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 of law, one fourth each is attributed to the person committing the adharma, witness, the judges and the ruler".)

2. This case has its matrix in an appeal filed by Zahira Habibullah hereinafter referred to as ‘Zahira and Another namely, Teesta Setelwad’ and another appeal filed by the State of Gujarat. In the appeals filed before this Court, the basic focus was on the absence of an atmosphere conducive to fair trial. Zahira who was projected as the star witness made a grievance that she was intimidated, threatened and coerced to depart from the truth and to make statement in Court which did not re