(1.) RESPONDENT -accused, Hassan Rather, was tried in Sessions case file No 4 of 1976 for offences under Section 302, 376/202 R.P.C. and acquitted of the charges by judgment and order dated 24 -11 -1979 of District and Sessions Judge, Anantnag. Against this judgment and order of acquittal, instant appeal is filed by the State of Jammu and Kashmir.
(2.) THE prosecution case is: -
(3.) THE Judgment and order of acquittal are assailed on the ground that the trail Judge has not properly appreciated the evidence. The evidence has not been properly scanned and analysed. The court has wrongly doubted extra judicial confession of the accused and drawn erroneous conclusion from circumstantial evidence. The prosecution case is proved by circumstantial evidence conclusively as corroborated by expert evidence, confession of accused and ante and post crime conduct of the accused. Yet the trail court has for no reasons acquitted the accused.