Full Judgment Text
MUBARIK KHAN
v.
NABABKHA @ NAWAB AND ORS.
(Criminal Appeal No. 612 of 2002)
OCTOBER 1, 2008
DR. ARIJIT PASAYAT, DR. MUKUNDAKAM SHARMA, JJ.
The Judgment of the Court was delivered by
DR. ARIJIT PASAYAT, J. 1. Having heard learned counsel for
the appellant at length we are not satisfied that this is a case where
any interference is called for. The High Court has found that the
evidence of PW5, who was stated to be the sole eye-witness,
unreliable. Apart from that there is considerable delay in dispatch of
the first information report to the court. Though in all cases that may
not be the determinative factor, but when considered with other
aspects that assumes importance. The High Court has dealt with this
aspect in detail. The view taken by the High Court is a possible view
and therefore considering the parametres relating to cases where
judgment of acquittal is assailed, we do not consider this to be fit
case for interference.
2. The appeal is dismissed.
Criminal Appeal No. 1105/2002:
3. In view of the dismissal of Criminal Appeal No. 612/2002, this
appeal is also dismissed.