Ut Of J&K vs Assa Ram
2022 Latest Caselaw 1433 j&K

                                                                           Sr. No. 2


    HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT JAMMU
                                                         Crl LP(D) No. 4/2022
                                                         CrlM No. 668/2022

UT of J&K                                           .....Appellant(s)/Petitioner(s)
                        Through: Ms. Chetna Manhas, Advocate vice
q
                                 Ms. Monika Kohli, Sr. AAG
                   vs
Assa Ram                                                       ..... Respondent(s)
                        Through:
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
       HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE

                                     ORDER

CrlM No. 668/2022

This is an application seeking condonation of delay in filing the

acquittal appeal against the judgment dated 30.12.2021 passed by learned

Presiding Officer Fast Track Court, Jammu.

For the reasons stated in the application, the same is allowed. The delay

in filing the acquittal appeal is condoned.

Application is, accordingly, disposed of.

Crl LP(D) No. 4/2022

This is an application filed by the applicant seeking leave to file the

acquittal appeal against the judgment dated 30.12.2021 passed by learned

Presiding Officer Fast Track Court, Jammu (hereinafter to be referred as trial

court) in case title, 'UT of J&K vs. Assa Ram', acquitting the respondent of the

charges for commission of offence under section 376 RPC in FIR No. 256/2016

registered with Police Station, Gandhi Nagar, Jammu.

It is stated that the learned trial court has not properly appreciated the

judgment.

CrlM No. 668/2022

We have gone through the judgment passed by the trial court. The

prosecutrix has not supported the prosecution and more so, the doctor who

examined the prosecutrix also has deposed that there are no signs of sexual

intercourse. Learned trial court too has taken cognizance of the above mentioned

facts while acquitting the respondent.

In view of the above, grant of leave to the applicant to file the appeal

and considering the appeal on merits would be an exercise in futility, as such, we

refuse the leave to the applicant to prefer an appeal against the well reasoned

judgment of acquittal recorded by the learned trial court.

Application is, accordingly, dismissed.

                       (RAJESH SEKHRI)                  (RAJNESH OSWAL)
                            JUDGE                            JUDGE

Jammu
14.10.2022
Neha