FAHIM KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The facts leading to this appeal by way of special leave are as under :

(2.) The facts of the case are as under :

(3.) In the course of the hearing of this appeal, Mr. Sushil Kumar, the learned senior counsel for the appellant, has raised primarily four arguments. He has first submitted that the trial court had acquitted the accused and the High Court, therefore, should not have interfered in an appeal against acquittal as the circumstances of the case did not warrant interference. He has also pleaded that the FIR had apparently been lodged after a delay and the proceedings had been interpolated to cover up the fact of delay. It has been highlighted on this aspect that if the inquest report had been recorded after the registration of the FIR in which case the inquest report ought to have borne number of the FIR and as this detail was missing, it indicated that the FIR had not been registered at its purported time. It has finally been pleaded that the story given by PW-4 that she had tried to lift her son was wrong as if that had been so, her clothes would have been blood-stained but there was no evidence to that effect, which cast a doubt on her presence. It has finally been pleaded that the statements of the accused under Section 313 of the Cr.P.C. had been recorded in a very perfunctory manner and for this reason as well the appellant was entitled to acquittal. In support of this plea Mr. Sushil Kumar has relied on Asraf Ali Versus State of Assam, 2008 16 SCC 328 and Ranvir Yadav Versus State of Bihar, 2009 6 SCC 595.