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Adducing evidence in support of the defence is a valuable right. It is essential that rules of procedure designed to ensure justice should be scrupulously followed, and the courts should be jealous in seeing that there is no breach of them." 9. Ravichandran] (Madurai Bench of Madras High Court) dated , I have taken up the following discussion in the light of the enlightening judicial pronouncements and authorities on this subject which are furnished hereunder. In a decision of mine reported in CDJ 20 = 2009 Indlaw Mad 1077 = AIR 2009 Mad.166 [V. Finally we may point out that the expert admitted in his evidence that it was only by a chemical test that it could be definitely stated whether a particular writing was of a particular year or period.
"Fair trial" includes fair and proper opportunities allowed by law to prove her innocence. In this decision, a judgment of the Honourable Supreme Court in AIR 1964 SC 529 [Shashi Kumar Banerjee v. The relevant portion of the Apex Court judgment is as follows: "(23).
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : CORAM THE HONOURABLE MR. It is the quintessence of the decision that to prove the innocence of the accused, fair trial has to be ensured. So his opinion cannot on his own showing have that value which it might have had if he had applied a chemical test.
The above said decision indicates the duty cast upon the Court and dictates the Court to afford opportunity to the accused for having a fair trial before it. He also admitted that he applied no chemical tests in this case.
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