In Craa No. 5/2017 vs Mst. Rahima And Ors
2022 Latest Caselaw 1758 j&K/2

Citation : 2022 Latest Caselaw 1758 j&K/2
Judgement Date : 12 October, 2022

Jammu & Kashmir High Court - Srinagar Bench

In Craa No. 5/2017 vs Mst. Rahima And Ors on 12 October, 2022

                                                       S. No. 09
                                                       After Notice Matters
          HIGH COURT OF JAMMU &KASHMIR AND LADAKH
                      AT SRINAGAR
                                                                 IA No. 1/2022
                                                          In CRAA No. 5/2017
State of Jammu and Kashmir                                   .....Petitioner(s)
                      Through:             Mr. T. M. Shamsi, DSGI.
       V/s
Mst. Rahima and Ors.                                 ..... Respondent(s)
                            Through:       Mr. Tufail, Adv.
                                           vice Mr. M. A. Qayoom, Adv.
                                           Mr. Owais Shafi, Adv.
                                           Ms. Tabasum Zaffar Jalali, Adv.
CORAM:
                Hon'ble Mr. Justice Sanjay Dhar, Judge.
                                       ORDER

12.10.2022 IA No. 1/2022:

Learned DSGI appearing for the appellant submits that the trial court while passing the impugned judgment of acquittal has ignored the confessional statement of the accused No. 1 pursuant to which recoveries were affected. He has further submitted that the prosecution has been able to establish a chain of events which points towards the guilt of the accused. However learned counsel appearing for the accused has submitted that there is absolutely no evidence on record against accused/respondents, as such, the appellant is not entitled to grant of leave to file appeal against the impugned judgment.

Having heard learned counsel for the parties and having perused the material on record, this Court is of the opinion that the appellant has been able to carve out a case for grant of leave to file appeal against the impugned judgment of acquittal. The application is therefore allowed and the leave to file appeal against the impugned judgment of acquittal is granted.

IA disposed of.

CRAA No. No. 5/2017:

Heard learned counsel for the parties. The appeal is admitted to hearing. Registry is directed to prepare the paper book and furnish copies thereof to learned counsel for the parties.

List for final hearing on 15.11.2022.

(Sanjay Dhar) Judge SRINAGAR 12.10.2022 "Aasif"