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2023 Supreme(J&K) 265

RAJNESH OSWAL
Union of India – Appellant
Versus
Sanjay Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr Nazir Ahmad Bhat, CGC with Mr Qamer Jeelani, Advocate; and Mr Rakesh Sharma, Assistant Commandant (Legal), CRPF.
For the Respondent:Mr Sheikh Mushtaq, Advocate.

JUDGMENT :

1. Through the medium of this appeal, the appellants have assailed the judgment of acquittal dated 23rd of August, 2014 recorded by the Court of learned Principal Sessions Judge, Anantnag in case titled ‘Sanjay Kumar & Anr. v. Union of India & Ors.’; reversing the judgment of conviction and sentence dated 30th of March, 2006 passed by the Commandant-cum-Chief Judicial Magistrate, 95 BN CRPF, Heevan Cinema Hall, Ashajipora, Anantnag, i.e., the appellant No.4, inter alia, on the ground that the respondents were asked to engage a defence Counsel and that they were also asked if they were not in a position to engage the defence Counsel, then the Department would request for engaging a defence Counsel on its own expenses. Besides, a communication was also addressed to the Deputy Commissioner, Anantnag to provide Counsel to the respondents, as such, the observation of the learned Sessions Court that the respondents were not given a fair trial is not tenable. It is also stated that the respondent No.2, i.e., Sharda Kumar accepted the allegations levelled against him and his admission of the guilt was recorded as per the procedure laid down in the Code of Criminal Procedure (for

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