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Supreme Court - Daily Orders

State Of West Bengal vs Jahangir Alam on 27 October, 2015

Bench: R.K. Agrawal, N.V. Ramana

  ITEM NO.107                              COURT NO.14                  SECTION IIB

                                S U P R E M E C O U R T O F       I N D I A
                                        RECORD OF PROCEEDINGS

                               Criminal Appeal   No(s).    1626-1627/2011

  STATE OF WEST BENGAL                                                 Appellant(s)

                                                  VERSUS

  JAHANGIR ALAM & ANR                                                  Respondent(s)

  WITH
  Crl.A. No. 2163-2164/2013
  (With Office Report)

  Date: 27/10/2015 These appeals were called on for hearing today.

  CORAM :
                          HON'BLE MR. JUSTICE R.K. AGRAWAL
                          HON'BLE MR. JUSTICE N.V. RAMANA

  For Appellant(s)
                                     Mr. Soumya Chakraborty, Adv.
                                     Ms. Reshmi Rea Sinha, Adv.
                                     Mr. Parijat Sinha, Adv.

                                     Mr. K. L. Janjani,Adv.
                                     Mr. Pankaj Kr. Singh, Adv.
  For Respondent(s)
                                      Ms. Aishwarya Bhati,(ACAOR)

                                     Gp. Capt. Karan Singh Bhati, Adv.
                                     Mr. T. Gopal, Adv.

                                      Mr. Anip Sachthey,Adv.

                           UPON hearing the counsel the Court made the following
                                              O R D E R

The Criminal Appeals are dismissed in terms of the signed order.


                      (VISHAL ANAND)                           (SNEH LATA SHARMA)
                       COURT MASTER                               COURT MASTER
Signature Not Verified

Digitally signed by

(Signed Order is placed on the file) Vishal Anand Date: 2015.10.29 14:37:23 EASST Reason: IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No(s). 1626-1627/2011 STATE OF WEST BENGAL Appellant(s) VERSUS JAHANGIR ALAM & ANR Respondent(s) WITH Criminal Appeal No(s). 2163-2164/2013 O R D E R We have heard Mr. K.L. Janjani, learned counsel appearing for the appellant – complainant in Criminal Appeal Nos.2163-2164 of 2013, learned counsel appearing for the State of West Bengal in Criminal Appeal Nos. 1626-1627 of 2011 and Ms. Aishwarya Bhati, learned Amicus Curiae appearing for the accused - respondents in Criminal Appeal Nos.1626-1627 of 2011 at length today and have perused the impugned Judgment and Order passed by the High Court. The High Court has found that the circumstantial evidence has not been established and the theory of last seen is also not proved beyond reasonable doubt. We do not find any infirmity in the Judgment and Order passed by the High Court.

Accordingly, both the appeals fail and are dismissed. However, we must express our gratitude to Ms. Aishwarya Bhati, learned Amicus Curiae who was appointed by us to appear on behalf of the respondents and helped us to come to such a conclusion.

......................J (R.K. AGRAWAL) ......................J (N.V. RAMANA) NEW DELHI;

27TH OCTOBER, 2015.