Mubarik Khan Vs.
Nababkha @ Nawab & Ors.  INSC 1679 (1 October 2008)
NABABKHA @ NAWAB AND
(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
Criminal Appeal No.
3. In view of the
dismissal of Criminal Appeal No. 612/2002, this appeal is also dismissed.