Sr. No. 32 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Crl LP (D) No. 10/2023 CrlM No. 266/2023 UT of J&K …. Petitioner(s) Through:- Mr. Ravinder Gupta, AAG. V/s Sanjay Kumar and Anr. …..Respondent(s) Through:- Mr. P.S. Pawar, Advocate. CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 10.03.2025 CrlM No. 266/2023 This is an application seeking condonation of delay of 78 days in filing leave to appeal to through challenge to a judgment of acquittal dated 29.09.2022 passed by the Presiding Officer, Fast Track Court, Jammu [“the trial Court”] in file No. 65/Challan;148/FTC titled “State of Jammu and Kashmir Vs. Sanjay Kumar and Anr.” The application is opposed by the respondents. Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that the appellant/State has succeeded in demonstrating sufficient cause which prevented them from filing leave to appeal. The application is, therefore, allowed and delay in filing leave to appeal is condoned. Crl LP (D) No. 10/2023 Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that no case is made out for grant of leave to file appeal. All the prosecution witnesses including the prosecutrix, have not supported the case of the prosecution. The witnesses/prosecutrix have not only failed to identify the accused/respondent, but have also stated in unison that no such incident ever took place. 2 Mr. Ravinder Gupta, learned AAG could not bring to our notice that any evidence, documentary or oral, which would substantiate the prosecution case, put up by the police before the Trial Court. For all these reasons, we are not inclined and, therefore, the application seeking leave to file appeal is rejected. The appeal is, accordingly, dismissed. (Moksha Khajuria Kazmi) (Sanjeev Kumar) Judge Judge Jammu: 10.03.2025 Neha-1