State of J&K – Appellant
Versus
Harjinder Singh – Respondent
ORDER :
1. This appeal is directed against the judgment dated 15.12.2012 passed by the court of learned Principal Sessions Judge, Samba (hereinafter to be referred as the trial Court) in File No.70/Sessions titled “State Vs. Harjinder Singh and others” whereby the respondents have been acquitted of charges for commission of offences under Sections 366, 376, 109 RPC in FIR No.114/2006 registered with Police Station, Samba.
2. The judgment has been impugned on the ground that the learned trial Court has not appreciated the evidence in right perspective, as such, the judgment is required to be set aside.
3. Mr Ravinder Gupta, learned AAG argued that the learned trial court has not rightly appreciated the evidence and has erroneously disbelieved the testimony of the prosecutrix.
4. Per contra, Ms. Pallavi Thakur, Advocate appearing vice Ms. Meenakshi Salathia, Advocate vehemently argued that the learned trial Court has passed the judgment on the basis of evidence brought on record by the prosecution and there is no perversity in the judgment impugned.
5. Heard and perused the record.
6. The facts necessary for disposal of the present appeal are that a written complaint was filed by the
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