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2016 Supreme(J&K) 436

MOHAMMAD YAQOOB MIR, B.S.WATIA
State – Appellant
Versus
Manjeet Singh – Respondent


Advocates Appeared:
For the Appellant : Mr. S.S. Nanda, Sr. AAG

JUDGMENT :

Mohammad Yaqoob Mir, J.

1. Judgment rendered on 18.12.2015 by the Court of learned 1st Additional Sessions Judge Jammu where under respondents have been acquitted, is proposed to be challenged, as such, appeal has been preferred after the prescribed period of limitation, Instant application has been filed seeking leave to file.

2. While considering submissions made by learned counsel for the applicant and while going through the judgment, what emerges is that it shall be futile to grant leave when the result of the appeal is obviously a failure.

3. Learned Sr. AAG when confronted with findings as recorded in the judgment impugned, was candid enough to state that the chances of success of the appeal are very less.

4. Out of 34 listed prosecution witnesses, only 25 had been produced, most of the said witnesses have been declared hostile where after in cross-examination by PP as permitted nothing favourable to the prosecution has been elicited.

5. The learned trial Court after appreciating the entire evidence has concluded that the prosecution is totally based on circumstantial evidence. The links of chain of prosecution are not complete. The evidence lead by the prosecution is m




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