Report 202 – Proposal to amend Section 304-B IPC Dowry ... - Jeywin

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sentimental and emotional feelings are allowed to enter the
judicial mind the Judge is bound to view the evidence with a
bias and in that case the conclusion may also be biased
resulting in some cases in great injustice. The cases have to
be decided strictly on evidence howsoever cruel or
horrifying the crime may be. All possible chances of
innocent man being convicted have to be ruled out. There
should be no hostile atmosphere against an accused in court.
A hostile atmosphere is bound to interfere in an unbiased
approach as well as a decision. This has to be avoided at all
costs.”
3.9.3 The Court further observed as follows:
We were, however, disturbed by the fact that the High Court
took notice of publicity through the news media and
indicated its apprehension of flutter in the public mind. It is
the obligation of every court to find out the truth and act
according to law once the truth is discovered. In that search
for truth obviously the Court has to function within the
bounds set by law and act on the evidence placed before it.
What happens outside the Court room when the Court is
busy in its process of adjudication is indeed irrelevant and
unless a proper cushion is provided to keep the proceedings
within the court room dissociated from the heat generated
outside the court room either through the news media or
through flutter in the public mind, the cause of justice is
bound to suffer. Mankind has shifted from the state of
nature towards a civilized society and it is no longer the
physical power of litigating individual or the might of the
ruler nor even the opinion of the majority that takes away
the liberty of a citizen by convicting him and making him
suffer a sentence of imprisonment. Award of punishment
following conviction at a trial in a system wedded to rule of
law is the outcome of cool deliberation in the court room
after adequate hearing is afforded to the parties, accusations