State Of J&K vs
2021 Latest Caselaw 482 j&K

                                                                      S. No.201
                HIGH COURT OF JAMMU AND KASHMIR
                              AT JAMMU

                                                   SLA No. 20/2014
                                                   c/w
                                                   CRAA No. 20/2014
                                                   (Through Video Conferencing)


     State of J&K                                                    ...Petitioner(s)

                      Through :- Mr. Adarsh Bhagat, GA
                     v/s
                      <




't
     Mohd. Rashied                                                .....Respondent(s)

                     Through :- None.


Coram:          HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE


                                          ORDER

SLA No. 20/2014

1. I have heard learned counsel for the petitioner and gone through the

impugned judgment.

2. Learned counsel for the petitioner has referred to paragraph-56 of

the impugned judgment wherein the learned trail Court has observed as under:

"56. In the light of the aforesaid nature of deposition of the prosecution witnesses who happens to be the close relatives of the injured and the non production of the injured person being the most important and most material witnesses, I am of the considered view that their evidence cannot be treated as trustworthy and reliable as it is not worthy of credence and does not inspire confidence."

3. It is contended by the learned counsel for the petitioner that the

instant case, admittedly, pertains to alleged preparation of forged certificates. It is

contended that the fact that in afore-quoted paragraph the learned trial Judge,

while acquitting the accused of the charges has made certain observations with

regard to non-production of the injured person, exhibits total non application of

mind on the part of the learned trial Judge. On this ground, it is urged that a case

for grant of leave to file appeal is made out.

4. Having regard to the arguments advanced by the learned counsel for

the petitioner, a case for grant of leave to file an appeal is made out. The

application is allowed and the petitioner is granted leave to file appeal against the

impugned judgment.

5. The appeal be posted for admission on 07.07.2021.

(SANJAY DHAR) JUDGE JAMMU 16.04.2021 Paramjeet