MUBARIK KHANversusNABABKHA @ NAWAB AND ORS.
- Citation
- 2008 INSC 1114
- Decided
- 1 October 2008
- Disposal
- Dismissed
- Bench
- ARIJIT PASAYAT
Holding
The High Court's view that the sole eyewitness was unreliable and the FIR delay warranted acquittal is a possible view, and therefore the Supreme Court should not interfere.
Summary
The High Court of Madhya Pradesh acquitted the accused, Mubarik Khan, on the basis that the sole eyewitness (PW5) was unreliable and that there was a considerable delay in forwarding the FIR to the magistrate. The State appealed to the Supreme Court under Article 136, challenging the acquittal. The Supreme Court examined whether the High Court’s assessment of the eyewitness’s credibility and the FIR delay warranted interference. It held that the High Court’s view was a permissible interpretation of the evidence and that such matters fall within the discretionary domain of the trial court, making the appeal not a fit case for interference. Consequently, the Supreme Court dismissed the criminal appeal, and the acquittal stood. The decision underscores the limited scope of Supreme Court review of high court acquittals where the lower court’s findings are based on a possible view of the evidence.
Issues considered
- Whether the Supreme Court can interfere with a high court acquittal on the ground of unreliable eyewitness testimony
- Whether the delay in dispatch of the FIR to the magistrate is a fatal defect justifying reversal of the acquittal
- Scope of Article 136 of the Constitution in reviewing judgments of acquittal
Subjects
Judgment
[2008] 14 S.C.R. 124
MUBARIK KHAN ~--
A )
v.
NABABKHA @ NAWAB AND ORS.
t(Criminal Appeal No. 612 of 2002)
OCTOBER 1,, 2008
B
[DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM
SHARMA, JJ.] ,....._
Constitution of India, 1950 - Art. 136 - Appeal against
c acquittal by High Court - Scope of interference - High Court
acquitted the accused on grounds that the evidence of sole
eyewitness was unreliable and there was considerable delay
in dispatch of FIR to Magistrate - Held: View taken by High
Court was a possible view - Hence, interference not called for.
D The High Court directed acquittal of the accused on
grounds that the ·evidence of the sole eyewitness was \
unreliable and there was considerable delay in dispatch f··
of FIR to the Magistrate. Hence the instant appeals.
Dismissing the appeals, the Court
E
HELD: 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, it is not a fit
case for interference by this Court. [Para 1] [125-C,D]
F CRIMINALAPPELLATE JURISDICTION: Criminal Appeal
,.
>i~
No. 612 of 2002
From the final Judgment and Order dated 18.1.2002 of
the High Court of Madhya Pradesh Bench at Indore in Criminal
G Appeal No. 495 of 1996
WITH
~
Crl. No. 1105 of 2002
Shanshindra Tripathi, Sharad Tripathi, M.P. Shorawala,
H 124
MUBARIK KHAN v. NABABKHA@ NAWAB 125
AND ORS.
Vibha Datta Makhija, Siddhartha Dave and Niraj Sharma for A
the Appearing Parties.
The Judgment of the Court was delivered by
DR. ARIJIT PASAYAT, J. 1. Having heard learned coun-
sel for the appellant at length we are not satisfied that this is a B
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 c
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 9 possible view and therefore con-
sidering the parametres relating to cases where judgment of
acquittal is assailed, we do not consider this to be fit case for
0
interference.
2. The appeal is dismissed.
Criminal Appeal No. 110512002:
3. In view of the dismissal of Criminal Appeal No. 612/ E
2002, this appeal is also dismissed.
B.B.B. Appeals dismissed.
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