LAWS(J&K)-2009-8-2

STATE OF JANDK Vs. WAZIRA KOUNSAR

Decided On August 10, 2009
STATE OF JAMMU AND KASHMIR Appellant
V/S
WAZIRA KOUNSAR Respondents

JUDGEMENT

(1.) RESPONDENT Nos. 1 and 3 were put to trial for having committed the offences punishable under Sections 366-A, 376, 342 read with 109, RPC, RESPONDENT Nos. 3 and 4 were also put to trial for having committed the offences punishable under Sections 366-A, 376, 342, RPC. Accused earned acquittal in view of scurry trial. The judgment rendered acquitting.the accused is under challenge. After obtaining sanction in terms of Govt. order No. 3275-LD (ACQ) of 2005 dated 23-9-2005, appeal after delay of 15 days has been preferred.

(2.) THE gravamen of the charge as framed against the accused-respondents is not only heinous but serious as well. Both its seriousness and its heinousness has become casualty, as a consequence thereof abortive trial culminated in acquittal of the accused.

(3.) THE approach of learned trial Court in not appreciating the matter, within the confines of law and the procedure, is wholly improper.