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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
HON’BLE THE CHIEF JUSTICE (ACTING), ACJ, HON’BLE MR. JUSTICE PUNEET GUPTA, J
State of Jammu and Kashmir – Appellant
Versus
Rakesh Kumar S/O Man Singh Thaker – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Raman Sharma, AAG with Ms. Saliqa Sheikh, Advocate
For the Respondent:Mr. G.S. Thakur, Advocate

JUDGMENT :

Tashi Rabstan, CJ (Acting)

1. The appeal in hand is filed against the judgment dated 31.08.2013 passed by the learned Additional Sessions Judge, Doda, whereby the respondent has been acquitted of the offence under Section 376 RPC.The judgment is challenged on the ground that the prosecution had established the case against the respondent by adducing documentary as well as oral evidence, which in ordinary course of nature is sufficient to prove the guilt of the respondent, however, the learned trial Judge has not appreciated the law, resulting in acquittal of the respondent.

2. Mr. Raman Sharma, learned AAG has argued that there is sufficient material on record to convict the respondent but the learned trial Judge has not appreciated the law and facts of the case, which has resulted into acquittal of the respondent, therefore, the accused is liable to be convicted for the offence for which he was charged and the order of acquittal requires to be set aside.

3. Mr. G.S. Thakur, learned counsel for the respondent has, vehemently, argued that there is no error in the judgment of the trial court which may require interference by this Court. The trial court has considered all aspec

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