State Of Jammu & Kashmir vs Zahra Batool & Anr

01/ This is an application, by Union Territory of Ladakh, seeking leave of this Court to file appeal against the judgement of acquittal dated 19-06-2017, passed by the Court of Principal Sessions Judge, Kargil (trial Court hereinafter), in Case No. 5 of 2013, titled State versus Zahra Batool and another. The leave is sought, primarily, on the ground that the trial Court has not properly appreciated the evidence on record and has erroneously acquitted the respondents – accused. It is submitted by Mr. Shamsi, learned ASGI, appearing for the petitioners, that it is not a case of no evidence, rather there is enough circumstantial and medical evidence on record which connects the respondents – accused with the commission of crime. Learned counsel has taken us through the judgement to point out that not only has the medical evidence firmly established that the deceased died due to strangulation by the ligature after he was drugged but also that the respondents – accused have made disclosure statements, which have led to the discovery of relevant facts and, therefore, in the face of medical evidence as well as circumstantial evidence on record, the respondents – accused could not have been acquitted.

02/ Mr. Qayoom, learned Senior Advocate, appearing for the respondents – accused, has vehemently opposed the application and submitted that the evidence on record is too weak and shaky to be relied upon to convict the respondents – accused. He took the Court through the relevant portion of the judgement and submitted that in the absence of the FSL Report, having been proved and brought on record, the cause of death of the deceased could not be said to have been established. Mr. Qayoom further submitted that the evidence on record, which is in the nature of circumstantial evidence, does not firmly and conclusively link the respondents – accused with the commission of crime.

03/ Having heard learned counsel for the parties and perused the material on record, particularly the judgement impugned, we are of the view that it is not a case of no evidence. There is medical evidence clearly pointing out the cause of death of the deceased as strangulation after drugging him. There is further evidence in the shape of disclosure statements, which is sufficient to conclude, at this stage, that the instant case is a fit case for grant of leave to appeal.

04/ Without going into the merits of the appeal in detail, lest it may prejudice either side, we grant leave to appeal to the appellant. Application for leave to appeal is, accordingly, allowed. Registry to diarize the appeal and list the same for consideration on 27th of April, 2022.