STATE OF J AND K Vs. SUBASH CHANDER

JUDGEMENT

(1.) INSTANT appeal is directed against the judgment dated 12.06.2014 passed by the Court of Sessions Judge, Rajouri, where -under respondent has been acquitted. The appeal is instituted after the prescribed period of limitation and being against the acquittal, two applications, one for condensation of delay and another for leave to appeal have been filed.

(2.) WE have heard the learned Additional Advocate General so as to ascertain as to whether grant of leave would serve any purpose. Learned AAG while making submission was fair enough to state that there are bleak chances of success of the appeal.

(3.) ON thoughtful consideration, what would emerge from the judgment impugned is that the case of the prosecution rests on circumstantial evidence. Hon'ble Apex Court, has carved out cardinal principles based on which circumstantial evidence to the advantage or disadvantage of the prosecution or the accused is to be relied upon. In the judgment captioned Jagroop Singh v. State of Punjab, : AIR 2012 SC 2600, it has been held that when all links in chain of events are established beyond reasonable doubts and are found to be consistent with quilt of the accused, then conviction can be recorded. Whether the chain of circumstances is complete or not would depend upon the facts of each case as may emerge from the evidence led by the prosecution.