STATE OF JAMMU AND KASHMIR Vs. MUSHTAQ AHMED

JUDGEMENT

(1.) This acquittal appeal is presented by the State against an order of acquittal date 27/7/1981 passed by the Chief Judicial Magistrate, Budgam, whereby the accused alongwith other co-accused have been acquitted of the charges under section 120-B, 201,204, 381 RPC.

(2.) The prosecution case is that a pending criminal file under section 366, 376 RPC was detected missing from the office of Sessions Judge, Budgam on 28/5/1980 and the fact was-reported to the Presiding Office, by P.W.s. Ghulam Mohd. Qadri and S. Janak Singh clerks in the court on 30/5/ 1980. The Sessions Judge, Budgam appears to have referred the matter to the Registrar, High Court on the same date and on 2-6-1980 a report of the occurrence appears to have been lodged before the S.P. Budgam, which resulted in investigation of the case and presentation of a challan under sections 120-B, 201, 204, 381 RPC before CJM Budgam against the accused in the missing file, including Mushtaq Ahmed accused, clerk in the court of Sessions Judge, Budgam who figures accused in this appeal against the acquittal. The CJM Budgam after trial acquitted all the accused of the charges under sections 201, 204, 81, 120-B RPC vide order Indicated above and it is against this acquittal the State has filed this appeal against the sole accused Mushtaq Ahmed, the then Clerk in the court of Sessions Judge Budgam.

(3.) We have heard learned counsel for the parties. Mr. Manzoor G.A. read before us the entire evidence produced before the court below and we were also taken through the order of acquittal, appealed against.