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.