Best Bakery Case: Zahira Habibullah Sheikh v. State of Gujarat
Best Bakery Case: Zahira Habibullah Sheikh v. State of Gujarat
AMNESTY INTERNATIONAL
"miscarriage of justice"
NATIONAL HUMAN RIGHTS COMMISSION
"It was proved beyond doubt that a violent mob had attacked the bakery and killed 12 persons. However, there was no legally acceptable evidence to prove that any of the accused presented before the court had committed the crime." ABHAY THIPSE j
Zaheera testifies before a full bench of the National Human Rights Commission (NHRC) saying she was forced to retract her statements.
Tehelka stings Vadodara MLA Madhu Srivastava and his cousin Batthoo saying they paid her Rs 18 lakh to change her testimony
ZAHEERA
TEESTA
HOSTILE WITNESS
HOSTILE WITNESS Is not desirous of teeling the truth Gained over by the opposite party
A witnesss primary allegiance is to the truth and not to the party calling him.
Unfavourable testimony doesnot declare a witness hostile
PRESENT POSITION Not completely rejected Accept the part of it which the judge finds as creditworthy
LEGISLATIVE MEASURES
Section 195 A of Indian Penal Code
If an innocent is convicted
The same punishment as the innocent punished
I CONCLUDE.
"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".) MANUSMRITI