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Judgment
Rashid Ali Dar, J
On perusal of the file, it appears that the learned Principal Sessions Judge, Srinagar, in terms of order dated 30.09.2013, has acquitted the accused, who figure as respondents herein of the charge under Section 3, 4, 5 Immoral Traffic Prevention Act, 1956. The learned Sessions Judge after considering the material on record and the evidence produced by the prosecution, has made following observations while acquitting the accused:-
"After considering the contention of the rival parties in my opinion the accused deserve to be acquitted at this stage without asking them to enter into their defence because four witnesses examined by the prosecution have not stated anything against the accused and the statement of 4th witness namely Mst. Afroza cannot be made basis for conviction of the accused because she too has not been able to testify before this Court that the accused were found by the Police party indulging in Immoral Trafficking and even if it is assumed to be true that the accused were found inside the room together alone cannot be held guilty of having committed the offence under PITA without their being substantive evidence on record against them. The prosecution has taken more or less ten years to produce the witnesses and despite taking such a long time have only examined four witnesses.
Therefore, for the reasons detailed herein above, I am of the opinion that prosecution has miserably failed to prove its case against the accused who deserve to be acquitted of the charge framed against them u/s 3, 4, 5 PITA at this stage without being asked to enter in their defence, because prosecution is always supposed to prove their case beyond reasonable doubt which admittedly has not done in the instant case. Prosecution case is accordingly dismissed and as a consequence of dismissal of the charge sheet accused shall stand acquitted of the charge framed against them u/s 3, 4, 5 Prevention of Immoral Traffic Act. The sureties shall stand discharged. File to be consigned to records after due compilation".
The State in terms of the instant acquittal appeal has contended that the judgment of acquittal passed by the learned Sessions Judge is bad and perfunctory. The impugned judgment of acquittal has been passed in hot haste manner and without application of judicial mind to the facts and circumstances of the case including the nature of offence and, as such, requires to be set aside.
I have heard learned counsel for the parties and gone through the record. It appears on the perusal of file that the respondents herein were charged for the commission of offences under Sections 3, 4, 5 Prevention of Immoral Traffic Act, and having pleaded not guilty, the prosecution was directed to lead evidence. Out of 9 witnesses as stated supra in the observations of the learned Sessions Judge, Srinagar, only 4 have been examined, out of 2 turned hostile. The learned Sessions Judge while appreciating deposition, the witnesses examined has said that same be made the basis to hold the accused guilty. On examination of the matter, I do not find any illegality or impropriety in the judgment passed by the learned Principal Sessions Judge, Srinagar. For this, no ground is made out for admission of appeal, which, as such, entails its dismissal and is, accordingly, dismissed in limini.
Record be returned back.