Ayub Khan vs State (Delhi Administration) on 20 December, 1989
In the case of Kizito E.L. Ibe v. C.B.I., (1), the material witness was not examined who was to establish the important link pertaining to the samples of the case property. A Single Judge of this Court held that it becomes a case where a very material witness, who besides proving the important link of the the prosecution evidence in relation to seal used on the samples parcels and other seized commodity, would have also given a lie to the defense suggestion by coming into the witness box, but he has either stayed away, or deliberately kept away. The court then held that the trial court certainly erred in holding the prosecution case proved in face of such glaring lacunae in the case.