Chief Justice's Court
Case :- CRIMINAL APPEAL No. - 1536 of 2018
Appellant :- Aslam Noor Khan
Respondent :- State Of U.P.
Counsel for Appellant :- Yogesh Agarwal
Counsel for Respondent :- G.A.,Rajeev Kumar Singh Parmar
Hon'ble Govind Mathur,Chief Justice Hon'ble Dr. Yogendra Kumar Srivastava,J.
While pressing this application, the argument, as has been raised by learned counsel appearing on behalf of the accused-appellant, is that even though the sentence was awarded on the basis of testimony of P.W.-6 and P.W.-7, but the testimony of both the witnesses is not trustworthy. It is submitted that so far as P.W- 6 is concerned, his residence is at the distance of 100-150 footsteps from the place of occurrence and his presence on the spot, after hearing the deceased, is absolutely unbelievable. Similarly, it is stated that as far as P.W-7 is concerned, she was a child witness at the time of incident and she was only six years old.
We have looked into the statements given by the Baby Rukhsar (P.W.-7) and also Khushnawaz (P.W.-6). So far as the child witness Baby Rukhsar is concerned, she has supported the prosecution story, which, prima facie, does not suffer from any contradiction. Similarly, while considering the statement of Khushnawaz, we do not consider it appropriate to examine minor details relating to distance of his house from the place of occurrence, in view of the fact that he maintained his version of fact. At this stage nothing more is required to be examined otherwise, that would affect the merits of the appeal.
Looking into the contents of the F.I.R., and without making any observation on merit of the case, we are not inclined to allow this application.
This application is dismissed.
Order Date :- 27.11.2018 Rohit
(Dr. Y.K. Srivastava, J.) (Govind Mathur, C.J.)