Arguments in a criminal appeal were going on.
The question was:
"Some persons forms unlawful assembly and attacks. One injured gives several names. Should all persons named by him be sent to jail? Why an injured witness should or should not be believed?"
The SC Judges were helpless in this case because the first appellate court had not properly applied mind.
Then one judge commented,
"When a civil side lawyer becomes a judge, and when he start deciding criminal cases, when he sees a death, he starts sending all accused to jail......... Then such problem arises in appeals."
Senior Advocate responded,
"Ideally, we should have time travel ability. Then we can go in past and can see who has committed crime. But since we have no such ability, we are left with "Probability Principle" only. We have to weigh each statement on touchstone of probability."
Haresh Raichura
25/9/14
