Citation : 2025 Latest Caselaw 3 j&K
Judgement Date : 1 May, 2025
Serial No. 07
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- Crl A(S) No. 16/2021
Rajesh Kumar Abrol .....Appellant(s)/Petitioner(s)
Through: Mr. P. N. Raina, Sr. Advocate with
Mr. J. A. Hamal, Advocate.
Vs
UT of J&K
.....Respondent(s)
Through: None.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(01.05.2025)
01. This is a part heard matter which has come up for
resumption of hearing.
02. In support of his submissions, Mr. P. N. Raina, learned
Senior Advocate comes forward with a supporting citation
of the Hon'ble Supreme Court of India in terms of judgment
dated 30.01.2023 in the case titled - "Naim Ahamed vs
State (NCT of Delhi)" 2023 (15) SCC 385, which is said to
bear similarity of factual narration, as involved in the
present case with the one and dealt by the Hon'ble
Supreme Court of India. In para 19 of the judgment, the
Hon'ble Supreme Court of India has dealt with the factual
scenario of the case out of which came forth the allegation
and accusation of rape against the appellant - Naim
Ahamed from the end of the Prosecutrix which resulted in
the Hon'ble Supreme Court of India coming up with a
distinction involving sexual relationship between man and
woman based upon a false promise or related to breach of
promise for an accusation of rape to sustain.
03. Mr. Pawan Dev Singh, learned Dy. AG is called upon to
respond to this judgment so cited in the Court by Mr. P. N.
Raina, learned Senior Advocate.
04. List in continuation on 05.05.2025.
(RAHUL BHARTI) JUDGE JAMMU 01.05.2025 Bunty
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