JAVED AHMAD BHAT Vs. STATE OF J & K

JUDGEMENT

(1.) The present Criminal Revision Petition has been filed against judgment and order dtd. 12/11/2018 passed by the learned Judicial Magistrate 1st Class, Aishmuqam (for short, the 'trial court') whereby the respondents/accused, facing trial for offences punishable under Ss. 447, 427, 336, 354, 436A, 323 RPC were acquitted. The acquittal of the accused/respondents has been challenged on the grounds that the prosecution in the case was not conducted fairly and the judgment has been passed in a haste manner without asking the prosecution to produce the rest of the prosecution witnesses. The impugned judgment also suffers from perversity as the accused has caused damage to the property of the petitioner about which the witnesses have clearly stated that the occurrence had taken place and the accused persons have committed the offences alleged against them and the trial Court has taken a wrong view, as such, the judgment passed by the trial Court deserves to be set aside.

(2.) Heard the learned counsel for the parties and perused the record on the file.

(3.) Briefly stated, the facts of the case are that on 13/8/2012, a written complaint was received by the Police of Police Station, Aishmuqam which was made by the complainant through post. In the complaint, it was alleged that on 12/8/2012 in the evening hours, accused/respondents, while forming an unlawful assembly, forcibly trespassed upon the proprietary land of the complainant without any reason and justification and after entering upon his land, they cut down fruit bearing trees, walnut trees and changed the said strip of land of the complainant into a place meant for offering funeral prayers (Jinazgah). It was further alleged that thereafter, accused entered inside the compound of the complainant and pelted stones on his residential house, broke down the window-panes and also assaulted his family members, outraged the modesty of ladies of his family. His mother was beaten by the accused and Dupatta from her head was snatched and, thus, her modesty was outraged by the accused.