State Through P/S Aishmuqam vs Aslam Gojar And Ors
2022 Latest Caselaw 1729 j&K/2

                                                      S. No. 65
                                                      Regular Cause List
       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT SRINAGAR

                          CrlM No. 674/2022
                       In CrlA(AS) No. 23/2022

State through P/S Aishmuqam                    ...Appellant/Petitioner(s)

Through: Mr. Faheem Nisar Shah, GA
                                  Vs.

Aslam Gojar and Ors.                                    ...Respondent(s)

Through: Mr. J. M. Junaid, Advocate vice
         Mr. Shafaqat Nazir, Advocate
CORAM:
        HON'BLE MR JUSTICE SANJAY DHAR, JUDGE
                              ORDER

10.10.2022 Learned counsel for the petitioner has submitted that the prosecutrix has clearly denied her marriage with accused no.2 and, as such, it was not open to the trial court to acquit the accused by observing that there is inconsistency in the statement of the prosecutrix.

Having regard to the contentions raised in the memo of appeal and the arguments advanced by learned counsel for the petitioner, a case for grant of leave to file the appeal against the impugned judgment is made out. Accordingly, the application is allowed and leave to file appeal against the impugned judgment passed by the learned Additional Sessions Judge, Anantnag, is granted. The application stands disposed of.

CrlA(AS) No. 23/2022:

Heard learned counsel for the parties. The appeal is admitted to hearing.

Record of the trial court be summoned. Registry to prepare the paper book and furnish copies thereof to learned counsel for the parties.

List this matter for final hearing on 10.11.2022.

(SANJAY DHAR) JUDGE SRINAGAR 10.10.2022 Manzoor