STATE OF J&K Vs. SURINDER KUMAR

JUDGEMENT

(1.) The present acquittal appeal is directed against the judgment dtd. 30/1/2016 passed by the court of learned Principal Sessions Judge, Samba (hereinafter to be referred as the trial court) in case titled 'State of J&K Vs. Surinder Kumar' whereby the respondent has been acquitted of the charge for commission of offences under Sec. 363/376 RPC in FIR bearing No. 178/2013 registered with Police Station, Samba.

(2.) The judgment of the acquittal has been assailed by the appellant on the ground that the prosecution had established the case against the respondent by adducing documentary as well as oral evidence, which in the ordinary course was sufficient to convict the respondent but the learned trial court has failed to appreciate the prosecution evidence in its right perspective and acquitted the respondent erroneously.

(3.) Mr. Amit Gupta, learned AAG argued that the victim/prosecutrix was minor and the learned trial court has failed to appreciate her testimony in right perspective and acquitted the respondent despite the fact that the prosecution had proved the case beyond reasonable doubt.