- A duty is cast upon the Court of law to ascertain the truth and to dig out the irregularities and unnecessary padding up of the cases by the prosecution. Muhammad Niaz Khan v. The State 1999 SCR 488 (B)
- The responsibility of the Court in criminal cases is to ensure that all proper and necessary steps are taken to arrive at the truth irrespective of the fact whether the Advocates of the parties have argued a particular matter or not. Hakam Deen v. State and 15 others 2006 SCR 120 (L) AIR 1937 Bombay 28 rel.
- The Courts are not to begin with the intention to convict the accused — The Courts are to find out as to who is the real accused — If he is before the Court, then to satisfy as to whether there are reasonable grounds for his trial and then to satisfy as to whether he is proved guilty of the offence — If so proved in accordance with fair trial visualised by procedure, the maximum sentence prescribed by law must be awarded — If a minimum doubt is found, he has to be discharged or acquitted, irrespective of the fact howsoever heinous is the offence of which he is accused. Hakam Deen v. State and 15 others 2006 SCR 120 (M)
- Argument that all procedures are meant to advance the cause of justice and non-observance of any provision does not vitiate the trial is not untrue in totality — But there is difference between the inadvertent failure to follow a procedure and deliberate, non-observance of provisions — If the practice as adopted by the trial Court is allowed on the pretext that the trial is completed by the Court without any prejudice to accused, though not in accordance with the mandatory provisions of Code — It will create a tendency of fleeing from law and then to a state of lawlessness. Hakam Deen v. State and 15 others 2006 SCR 120 (N)
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