III (2013) SLT 538 “ENDS OF JUSTICE” — Meaning of “ends of justice” essentially refers to justice to all parties — It means preservation of proper balance between constitutional/statutory rights of an individual and rights of people at large to have law enforced. EVIDENCE — Confessional statement — Mere omission on part of Approver in not naming appellant would not be a reason to disbelieve confessional statement of appellant. INTERPRETATION OF STATUTE — Law has to be interpreted in such a manner that it develops coherently in accordance with principles, so as to serve, even-handedly, ends of justice. INTERPRETATION OF STATUTE — Overriding effect — Where there is inconsistency between provisions of two statutes and both can be regarded as special in nature, conflict has to be resolved by reference to the purpose and policy underlying two enactments and clear intendment of Legislature conveyed by language of relevant provisions therein. INTERPRETATION OF STATUTE — Principles in regard to the approach of Court in interpreting provisions of a statute with change in societal condition must also be borne in mind. JUVENILITY — Plea of juvenility cannot enure to benefit of accused who is being prosecuted under TADA. OVERRIDING EFFECT — Juvenile Justice Act would not have an overriding effect on TADA which was not in existence on the date of commencement of provisions of Section 1(4) of JJ Act. TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987 — Sections 3, 25 — Juvenile Justice (Care and Protection of Children) Act, 2000 — Section 20 — Overriding effect — There is no justification to restrict meaning of ‘any person’ and ‘whoever’ only to a major or non-juvenile as such an interpretation would have potentiality to defeat object of TADA — JJ Act would not override provisions of TADA in all circumstances without any exception. TEST IDENTIFICATION PARADE — Evidence with regard to TIP can only be used as a corroborative piece of evidence and is a test to strengthen trustworthiness of substantive evidence of witness before Court.
Posted on: Fri, 26 Jul 2013 17:45:28 +0000