STATE OF J&K Vs. SHAKEEL AHMAED

JUDGEMENT

(1.) The appellant has impugned the judgment dtd. 31/10/2014 passed by the court of learned Principal Sessions Judge, Rajouri (hereinafter to be referred as the trial court) in case titled "State of J and K Vs. Shakeel Ahmed and Anr." whereby the respondents have been acquitted of the charges for commission of offences under Sec. 302, 201, 34 RPC on the ground that the learned trial court has not rightly appreciated the evidence and the prosecution has established the guilt of the respondents beyond any reasonable shadow of doubt.

(2.) Mr. Mr. R.S. Jamwal, learned AAG vehemently argued that there is sufficient evidence on record in the form of the statement of PW-Nazia Kouser who has categorically deposed about the complicity of the respondents in the commission of offence, but the learned trial court has not properly considered her statement and has acquitted the respondents erroneously.

(3.) On the other hand, Mr. Sanjay Sharma, learned counsel for the respondents argued that the statement of PW Nazia Kouser is not reliable as she had remained in custody of Police and during custody she was tortured and then she made that statement.