STATE Vs. SOBAT ALI

JUDGEMENT

(1.) This Criminal Acquittal Appeal No. 192/2014 is directed against the judgment dated 29.10.2013 passed by the learned 3rd Additional Sessions Judge (Fast Track Court), Jammu, in File No. 161/Sessions, titled as, State v. Sobat Ali alias Shama, whereby the learned trial Court, while dismissing the case of prosecution, acquitted the accused of the offences under Section 376 RPC in case FIR No. 11/2005, registered at Police Station Nagrota. A perusal of the impugned judgment reveals that the acquittal of the respondent-accused is well merited. The statement of the prosecutrix suffered from number of infirmities and material discrepancies. Most of the material witnesses did not support the prosecution story and had turned hostile. The prosecution has failed to prove the commission of rape by the accused with the prosecutrix. Even the doctor also negated the commission of rape with the prosecutrix. The doctor in her statement had deposed that there was no evidence of recent intercourse with the prosecutrix, besides the report of pathologist also negated the presence of spermatozoa on the vaginal smears taken from posterior fornix of the prosecutrix. Thus, the medical evidence also did not support the prosecution story. Therefore, we are of the considered view that there is no illegality or infirmity in the impugned judgment as the trial court was perfectly justified in acquitting the accused.

(2.) Since there is a delay of 165 days in filing the appeal, therefore, the appellant-State has also filed the condonation application bearing No. 185/2014, seeking to condone the delay in filing the appeal. Along with the condonation application, appellant-State has also filed S.L.A.A. No. 203/2014 seeking leave to file the appeal.

(3.) The reasons put forth by the appellant to seek condonation of delay are that after passing of the judgment on 29.10.2013, the matter was examined and forwarded to the Government for filing acquittal appeal. Subsequently, the matter was considered at the administrative level and sanction for filing of the acquittal appeal was issued by the Department of Law, Justice and Parliamentary Affairs vide Order No. 277-LD(ACQ) of 2014 dated 29.01.2014. Thereafter, the counsel for appellant drafted the appeal and sent it to the applicant for signatures. It is averred that thereafter the applicant took some time to deliver the signed papers back to the counsel.