State Of Gujarat vs Harisinh Mansinh Vasava on 22 July, 1999
In State of Gujarat vs. Gambhirsingh Narubha Jadeja - 39 (3) G.L.R. Page 2043, a Division Bench of this Court (one of us J.N. Bhatt, J. was a party), has highlighted the doctrine of doubt and the resultant benefit to the accused and the parameters thereof. It has been clearly held that doubt must be a reasonable doubt which is simply that degree of doubt which would permit to reach a conclusion, and principles in that regard, elaborately stated in Paras 22 & 23, in that decision, are very relevant and we would like to highlight the same again hereunder for the simple reason that the Court is obliged to consider a doubt and if it is reasonable, benefit must be conferred to the accused, as that is one of the fundamental principles of criminal jurisprudence we have wedded to, but at the same time, it must be remembered in the light of the principles that the doubt which can be taken cognizance of not that of a weak or oscillating and vacillating capricious, indolent or confused mind;