STATE OF J&K Vs. ALTAF AHMAD SHERGOJRI

JUDGEMENT

(1.) This appeal is directed against the judgment of acquittal dtd. 20/9/2002 recorded by the Court of learned Principal Sessions Judge, Bandipora (hereinafter referred to as the 'trial court') whereby the respondent has been acquitted of the charge for the commission of offences under Sec. 341, 354, 376, 511 RPC. The judgment has been assailed primarily on the ground that the prosecution had proved the case beyond any reasonable doubt but still the learned trial court acquitted the respondent by appreciating the evidence erroneously. It is also stated that the statement of the prosecutrix has been ignored by the learned trial court while passing the judgment impugned.

(2.) Mr. Illyas Laway, learned GA, laid much stress upon the statement of the prosecutrix and he vehemently argued that other witnesses examined by the prosecution have duly corroborated the statement of the prosecutrix and in view of the evidence laid down by the prosecution, the respondent was required to be convicted but wrong appreciation of evidence by the learned trial court has resulted into the acquittal of the respondent.

(3.) Per contra, the learned counsel for the respondent submitted that the respondent has been acquitted by the learned trial court after proper appreciation of evidence as there were material contradictions in the prosecution case.