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2021 Supreme(J&K) 592

VINOD CHATTERJI KOUL
Sudesh Kumari – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner: Sachin Gupta.
For the Respondent: Bhanu Jasrotia; Kabir Kotwal.

JUDGMENT :

(Through Video Conferencing)

1. This revision petition is directed against an order of acquittal dated 13.05.2011 passed by learned Chief Judicial Magistrate, Rajouri whereby accused persons have been acquitted of the charges for offence punishable under Sections 451, 332, 354/382, 201/34 RPC.

2. The order of acquittal has been challenged by the complainants on the grounds that the same is bad in law and facts. Four prosecution witnesses have supported the prosecution case, but the trial court has not given reasons for disbelieving their statements. The trial court has not properly appreciated the evidence on record and has drawn adverse inference on account of non-production and examination of Investigating Officer and the Doctor. The trial court should have ensured their presence and examined them so as to meet the ends of justice. The trial court has not recorded anything in the judgment as to what steps had been taken to ensure the presence of the said witnesses and omission of the trial court in this regard calls for interference of this Court.

3. Heard learned counsel for the petitioners and perused the material on record.

4. As is evident from the judgment impugned the

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