UT OF J&K Vs. HADAYATULLAH SHEIKH

JUDGEMENT

(1.) The judgment of acquittal dtd. 30/6/2021 delivered by the court of learned Principal Sessions Judge, Bhaderwah in case titled "State vs. Mohd. Aqib and others" arising out of FIR No. 76/2014 acquitting the respondents of the charges for commission of offences under Sec. 376(2) (G), 342, 363, 506 RPC, has been impugned by the appellant on the ground that the learned trial court has not properly appreciated the evidence and has given undue importance to the delay in lodging the FIR. Further that the non-examination of the Investigating Officer was not fatal to the prosecution case, as the prosecutrix had proved the case beyond any shadow of doubt.

(2.) Before we consider the present appeal, it is found that the record of the case was reconstructed by the trial court, as the court file was gutted in a fire incident that took place on 31/12/2020.

(3.) Mr. R.S. Jamwal, learned AAG argued that the prosecutrix had proved the case against the respondents but still the learned trial court acquitted the respondents by wrongly appreciating the evidence.