Zahira Habibulla H Sheikh And Anr vs State Of Gujarat And Ors on 12 April, 2004
The influence of the accused is writ large on
the face of the record because despite these glaring facts, the
learned Public Prosecutor did not give any opinion for challenging
the judgment of acquittal. The trial court acted with undue haste
and acquitted the accused without taking care to record the
statements of the material witnesses. The prosecution evidence
was closed for absolutely unfounded reasons. He relied upon the
Supreme Court judgments in the case of Zahira Habibullah
Sheikh and Ors. vs State of Gujarat & Ors. reported in AIR
2006 SC 1367 and State of Haryana vs. Ram Mehar & Ors.
reported in AIR 2016 SC 3942 and urged that the impugned
judgment be set aside and the matter be remanded to the trial
court for recording the evidence of all the material witnesses
including the appellant, medical jurist and investigating officer and
to pass a fresh judgment in accordance with law.