Jammu & Kashmir High Court
Ut Of J&K vs Sanjay Kumar And Anr on 10 March, 2025
Bench: Sanjeev Kumar, Moksha Khajuria Kazmi
Sr. No. 32
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Crl LP (D) No. 10/2023
CrlM No. 266/2023
UT of J&K .... Petitioner(s)
Through:- Mr. Ravinder Gupta, AAG.
V/s
Sanjay Kumar and Anr. .....Respondent(s)
Through:- Mr. P.S. Pawar, Advocate.
CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
10.03.2025
CrlM No. 266/2023
This is an application seeking condonation of delay of 78 days in filing
leave to appeal to through challenge to a judgment of acquittal dated
29.09.2022 passed by the Presiding Officer, Fast Track Court, Jammu [“the
trial Court”] in file No. 65/Challan;148/FTC titled “State of Jammu and
Kashmir Vs. Sanjay Kumar and Anr.” The application is opposed by the
respondents.
Having heard learned counsel for the parties and perused the material on
record, we are of the considered opinion that the appellant/State has
succeeded in demonstrating sufficient cause which prevented them from filing
leave to appeal.
The application is, therefore, allowed and delay in filing leave to appeal
is condoned.
Crl LP (D) No. 10/2023
Having heard learned counsel for the parties and perused the material on
record, we are of the considered opinion that no case is made out for grant of
leave to file appeal.
All the prosecution witnesses including the prosecutrix, have not
supported the case of the prosecution. The witnesses/prosecutrix have not
only failed to identify the accused/respondent, but have also stated in unison
that no such incident ever took place.
2
Mr. Ravinder Gupta, learned AAG could not bring to our notice that any
evidence, documentary or oral, which would substantiate the prosecution
case, put up by the police before the Trial Court.
For all these reasons, we are not inclined and, therefore, the application
seeking leave to file appeal is rejected.
The appeal is, accordingly, dismissed.
(Moksha Khajuria Kazmi) (Sanjeev Kumar)
Judge Judge
Jammu:
10.03.2025
Neha-1