(P) Ltd. vs State of Bihar7, in the unified hierarchical judicial structure 7 (2004) 5 SCC 1 16that we have under the Constitution, vertically the Supreme Court is placed over the high courts; but if the Supreme Court and the high courts were thought of as brothers, we as Judges of the apex court in the country remain as the elder brother only to the extent of exercise of appellate jurisdiction. Promoting empathy and understanding by encouraging forgiveness, which is a divine quality transcending human limitation, should be preferred to anything else in the given circumstances, particularly when the learned Judge has not been put on notice and is unable to place His Lordship’s version. This approach is considered to be a better option rather than remarking adversely or giving unsolicited advice. 22. We, thus, allow the controversy to rest here. 23. It is now time for us to give our decision. Notwithstanding that the appellant has not been entirely clean in his approach but having