Dear Mr Assumi,
I liked your last sentence " Losing a case may sometime up hold the majesty of Law"
A small incident :- I filed a bail application in the High Court . Accused was arrested for offence punishable u/s 302,376,201 of the Indian Penal Code. There was an eye witness who put accused around the spot of indidence. There was also statement u/s 164 before Mag. by one witness to whom accused had allegedly confessed. There were scratches on the hands of accused. Position against my client were grim. I read the papers from charge sheet and i came to know that my client was innocent. DNA analysis of the semen on the duppatta clearely stated that DNA of on dupatta and accused semen did not match. ON this thread , I confidently argued the matter , insisting on bail.TO my astonishment the Honourable Justice Shri R.S. Mohite rejected the bail application and ordered investigation by CID. After a period of 6-8months , the real culprit, i.e. a cowherd of 14 years was arrested and his DNA and that of the duppatta semen matched . He confesed.
This is where your last line comes into play. Imagine if my bail was allowed , it was a clear case of acqittal for my client during the trial and he would no doubt have been acquitted . LEARNED JUDGE MUST HAVE THOUGHT THIS IS A CASE FOR BAIL BUT IF ACCUED IS RELEASED MATTER ENDS THERE AND THE REAL CULPRIT WILL NEVER BE FOUND. THE OFFENCE WAS HENIOUS SO THE JUDGE MUST HAVE THOUGHT LIKE THAT.
2 months back my client was discharged from the criminal case honourably.