Bus driver acquitted in accident case, delay in registering of FIR remains unexplained: courtThe Bombay High Court on Monday dismissed the petition filed by a witness in the alleged encounter of Sohrabuddin Shaikh in 2005, who had challenged the special court’s order acquitting 22 men, including 21 police personnel from Gujarat, Rajasthan and Andhra Pradesh, in December last year.
The petition was moved by Mahendrasinh Zala, a witness in the case, who told the court that his statement reflects that discharged accused Deputy Inspector General, Anti Terrorist Squad, Ahmedabad, D G Vanzara had attempted and extorted an amount of Rs 15 lakh from him under the threat of an encounter. Zala’s lawyer told the court that the special court has acquitted the accused from the offence under Section 384 of the Indian Penal Code, which deals with the punishment for extortion, and therefore, their appeal is maintainable.
The lawyer also added that there was no fair trial of the alleged offence, and therefore, order of a retrial is must.
While dismissing the petition, a division bench of Justice Indrajit Mahanty and Justice A M Badar said, “…an appeal against an order of acquittal by the appellant (Zala), who is not the victim, is not at all maintainable under the provisions of the CrPC (Criminal Procedure Code) and the same is liable to be dismissed at the very threshold, it being a circuitous attempt to impugn the judgment of acquittal without any authority of law.”
Additional Solicitor General Anil Singh for the Central Bureau of Investigation raised an objection on the grounds of maintainability of the appeal by contending that Zala, who was merely examined as a witness during the course of the trial, cannot be considered as the victim of the crime, and as such, cannot validly maintain the appeal under the CrPC.
On the provisions of the the CrPC, the bench said, “It is, thus, clear that except the aforesaid categories of parties, ie, District Magistrate, State Government, Central Government and complainant, who can avail a right to appeal with the leave of court, no other party has been conferred right of appeal against an order of acquittal…”
