MOHAMMAD AKBAR DAR Vs. STATE OF JAMMU AND KASHMIR
LAWS(SC)-1981-1-59
SUPREME COURT OF INDIA (FROM: JAMMU & KASHMIR)
Decided on January 28,1981

MOHAMMAD AKBAR DAR Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

Fazal Ali, J. - (1.) This appeal by special leave is directed against a judgment of the Jammu and Kashmir High Court dated the 7th May, 1979.
(2.) The main grievance of the appellants is that the High Court erred in law in not fully considering the effect of the documents produced by the prosecution and the statements recorded under Section 161, Cr. P. C. before finding that there were sufficient grounds for framing charges against them. A similar criticism was made by the appellants in respect of the judgment of the Special Judge also.
(3.) We have heard counsel for the appellants and have gone through the judgments of the courts below. Both, the trial and the High Court have generally given a brief survey of the evidence sought to be adduced against the appellants. It true that the High Court has not gone into the details or the pros and cons of the matter. This was obviously because that is not the stage when 'the Court could enter into meticulous consideration of the evidence and materials. The High Court has clearly observed that after perusing the statement of the witnesses recorded under S. 161, it was unable to find that the charges could be said to be groundless.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.