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1 - 6 of 6 (0.42 seconds)Section 406 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
The Code of Criminal Procedure, 1973
State Of U.P vs Krishna Gopal & Anr on 12 August, 1988
It is pertinent to mention here that it has been held by Hon'ble Supreme Court of
India in State Of U.P vs Krishna Gopal & Anr, 1988 AIR 2154 that,
"To constitute reasonable doubt, it is must be free from an over emotional
response. Doubts may be actual and substantial doubts as to the guilt of the accused
person arising from the evidence, or from the lack of it, as opposed to mere vague
apprehensions. A reasonable doubt is not an imaginary, trivial or a merely possible
doubt; but a fair doubt based upon reason and commonsense. lt must grow out of the
evidence in the case. The concepts of probability, and the degrees of it, cannot obviously
be expressed in terms of units to be mathematically enumerated as to how many of such
units constitute proof beyond reasonable doubt. There is an unmistakable subjective
element in the evaluation of the degrees of probability and the quantum of proof.
Forensic probability must, in the last analysis, rest on a robust commonsense and,
State Vs. Himanshu Gupta Page No. 12 of 16
ultimately, on the trained intuitions of the judge. While the protection given by the
criminal process to the accusedpersons is not to be eroded, at the same time,
uninformed legitimisation of trivialities would make a mockery of administration of
criminal justice."
Section 4 in The Probation of Offenders Act, 1958 [Entire Act]
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