LAWS(J&K)-2021-8-21

STATE Vs. MUKHTIAR AHMAD

Decided On August 09, 2021
STATE Appellant
V/S
Mukhtiar Ahmad Respondents

JUDGEMENT

(1.) S.L.A. 40/2015 The applicant/appellant intends to challenge the judgment of acquittal dated 19.01.2015 recorded by the learned Principal Sessions Judge, Jammu ['trial Court'] in file No. 21/Sessions titled 'State vs. Mukhtar Ahmed and has, therefore, filed the instant application seeking leave of the Court to file appeal. The application, for the reasons stated therein, is allowed. CRAA No.25/2015 1 With the consent of learned counsel for the parties, this appeal is admitted and taken up for final consideration.

(2.) Before I advert to the grounds of challenge urged by the appellant to assail the judgment of acquittal, impugned in this appeal, it would be worthwhile to notice few material facts: As per the prosecution, the respondent forged a valuable security in the shape of appointment order dated 05.02.2007 as per which one Pooja Devi was shown to be adjusted as Class-IV in SMGS Hospital, Jammu by the Deputy Superintendent of the said Hospital. It was alleged that the aforesaid security was meant to be used for the purpose of cheating.

(3.) With a view to bring home the charge against the respondent, the prosecution examined PW 1 Dr. Mumtaz Goni, PW2 Darshana Devi, PW3 Arjun Singh, PW4 Dr. Nazir Hussain, PW5 Sukhchain Singh, PW6 Pooja Devi, PW7 Rakesh Hangloo and PW8 Parshotam Singh. There was, however, no evidence led by the respondent in defence.