High CourtsDivision Bench(2018) 02 J&K CK 0029

State vs Iqbal Singh alias Rinku and anr

Jammu And Kashmir High Court · Decided on 5 February 2018

HON’BLE JUDGES
Badar Durrez Ahmed, Dhiraj Singh Thakur
RESULT
Allowed
CASE NUMBER
290 of 2014 c of w CONCR No 267 of 2014, CRAA No 278 of 2014

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Judgment

12 paragraphs · 188 words

CONCR No.267/2014

1.

There is a delay of 183 days in filing the accompanying application. We have heard the learned counsel for the parties. The delay is condoned.

SLAA No.290/2014

2.

We have heard the learned counsel for the parties. One of the issues raised in the present application is with regard to the evidentiary value of

the statement of the prosecutrix made before the Magistrate under Section 164-A Cr.P.C, when she subsequently dies and is, therefore, not

produced before the Court. Since the statement under Section 164-A Cr.P.C would have material bearing on the case, if it is to be held to be of

some evidentiary value, it would be necessary for us to examine this issue threadbare because no decision of the Division Bench of this Court on

this aspect of the matter has been brought to our notice by the learned counsel for the parties. Consequently, we are granting special leave to

appeal against the acquittal order.

3.

This application is allowed.

CRAA No.278/2014

4.

The criminal acquittal appeal has already been diarized. The same be listed for final hearing in the week commencing 12.02.2018.