HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Case:-CRAA No.4/2013 Reserved on: 27.11.2025

Pronounced on:30.12.2025

Uploaded on:30.12.2025

Whether the operative part or

full judgment is pronounced

State of Jammu and Kashmir

….…Appellant

Through: Mr. Pawan Dev Singh, Dy. AG.

VERSUS

Mehboob Hussain and others

.…. Respondents

Through: Mr. Sandeep Gupta, Advocate.

CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE

HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE

(JUDGMENT)

Shahzad Azeem-J

1. By virtue of this acquittal appeal, challenge is thrown to the judgment dated, October 13, 2012, passed by learned Principal Sessions Judge, Kishtwar [the trial Court] in case titled “State vs. Mehboob Hussain and others”, whereby the trial Court has

acquitted the accused of the charges under Section 302/34/109 RPC.

2. Since this is an appeal against the judgment of acquittal, therefore, it has to be borne in mind that the Court should not ordinarily set aside a judgment of acquittal in a case where two views are possible, though the view of the appellate court may be the more probable one.

3. It is equally settled that the appellate court, however, must bear in mind that in a case of acquittal, there is double presumption