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2023 Supreme(J&K) 340

SANJEEV KUMAR, MOHAN LAL
State of Jammu and Kashmir – Appellant
Versus
Sohan Singh alias Kala S/o Rattan Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Dewakar Sharma, Dy AG

JUDGMENT :

Mohan Lal, J

1. Appellant (State of J&K through Sr. Superintendent of Police Kathua) has commenced instant Criminal Acquittal Appeal against the judgment dated 13.08.2013 rendered by the Court of Learned Principal Sessions Judge Kathua (for short “the Trial Court”) in case titled “State vs Sohan Singh and others” in File No. 02/Sessions arising out of FIR No. 30/2001 registered at Police Station Lakhanpur for the commission of offences punishable under Sections 376, 364, 325, 323, 34 RPC, whereby, respondents herein have been acquitted.

2. Vide order of this Court dated 13.03.2014 the delay of 83 days in filing appeal was condoned, whereas, by the further order of this court dated 31.01.2017 leave was granted to the appeal for it”s final hearing. Bailable warrants have been issued to the respondents for securing their presence, but so far none of the respondents have caused their appearance to contest the appeal. As there is no immediate prospects of securing the presence of respondents, we have found it pertinent to scan the impugned judgment alongwith the entire evidence adduced by the prosecution before the trial court. We have also heard Ld. Dy. AG for the appellant.

3.

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