DIFFRENT REASONING OF THE SAME JUDGE

Arvind Singh Chauhan (Querist) 28 January 2011 This query is : Resolved
Sir what may be the impact ?

if any judge acquits in one case, on one of the ground that "There are no independent or public witness".

In another case he strike off the same defence and convicts a person giving the reason that " Generally public hesitate to come and give evidence before court"

Sir Is it right to apply different principles by the same judge, though both are different cases.

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Devajyoti Barman (Expert) 28 January 2011
Yes as the peculiar facts of the cases vary with each other.

s.subramanian (Expert) 29 January 2011
The apprciation of evidence by a court differs from case to case. It depends on the totality of the circumstances and facts of the case. There is no straight jacket formula in law in this regard. It is left to the fair and proper discretion of the concerned courts.

Advocate. Arunagiri (Expert) 29 January 2011
The court is not having a fixed formula to decide the case. Some points may be common and similar for the cases, but many points may vary. The court may decide depending upon the other merits of the case.