STATE Vs. AB RAHIM YATOO

JUDGEMENT

(1.) ONE Abdul Rahim, Yatoo, was tried by District and Sessions Judge Budgam on charge of culpable homicide amounting to murder (under section 302 read with Section 299 RPC) of a child girl Shada, aged 5 to 8 years on 15.3.1996 at Naid Peth Nagam within the limits of village Nagam, Tehsil Chadoora. The Ld. Sessions Judge recorded judgment/order of acquittal on 31.12.1999. This acquittal appeal is directed against this judgment.

(2.) THE Additional Advocate General submits that the trial court has not appreciated the evidence of the eye witnesses Rubeena, PW 14, Lateef Ahmad, PW 20 and Ashiq Hussain, PW 21. Even the other evidence including the medical evidence/opinion supporting the evidence tendered by these witnesses has not been as well considered, cumulatively non consideration and failure to appreciate the evidence in correct perspective has led to failure of justice in as much as the accused stands acquitted.

(3.) THE defence counsel has countered this submissions of the AAG made in support of the appeal by submitting that the so called eye witness PW 14 is a girl aged less than 8 years on the material date, statement in the facts and circumstances of the case, is wholly tutored to implicate the accused. The other two eye witnesses PW 20 and 21 have not tendered any incriminating evidence against and are not inculpating accused. The other evidence mostly on fringes proves nothing either on its own or in combination with other evidence.