STATE OF J&K Vs. ABDUL KAREEM

JUDGEMENT

(1.) The present appeal has been filed by the appellant-the then State against the judgment dtd. 30/12/2015 passed by the learned Principal Sessions Judge, Rajouri (hereinafter to be referred as the trial Court) by virtue of which the accused-respondent, namely, Abdul Kareem has been acquitted for commission of offence under Sec. 435 RPC in FIR No. 122/2011 of Police Station, Darhal.

(2.) The judgment impugned has been challenged on the ground that the learned trial Court has not rightly appreciated the evidence and the prosecution had proved the case against the accused-respondent by leading cogent evidence but despite that the respondent was acquitted.

(3.) The facts necessary for the disposal of the appeal are that on 10/12/2011, complainant, Nazir Hussain S/o Misri, Caste Gujjar R/o Nadian Tehsil Darhal District Rajouri (hereinafter to be referred as 'complainant') lodged a written report with Police Station, Darhal alleging therein that in the intervening night of 27/28th of November, 2011, some persons had set his 200 bundles of dumped grass on fire, reducing them to ashes. It was further stated that probably the said offence had been committed by the respondent, namely, Abdul Kareem S/o Raj Mohd R/o Nadian, thereby causing loss to the tune of Rs.1.00 lac. Pursuant to this, FIR No. 122/2011 under sec. 435 RPC was registered with Police Station, Darhal and after completion of the investigation, the challan for commission of offence under Sec. 435 RPC was filed against the accused/respondent. The charges were framed against the respondent for commission of offence under Sec. 435 RPC and thereafter, the prosecution was directed to lead evidence. The prosecution has produced as many as eight witnesses i.e. Mushtaq Hussain, Mohd. Gafoor, Fazal Hussain, Barket Hussain, Nazir Hussain, Ghulam Nabi (ASI), Nissar Hussain and Mohd. Rafiq Khan (S.I).