HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Crl LP(D) No. 29/2025 UT of J&K Through Police Station, Bhaderwah .....Applicant(s)/Petitioner(s) Through :- Mr. Raman Sharma, AAG v/s Ghulam Mustafa, S/o Mohd. Riyaz, R/o Village Hari Tehsil Surankote District Poonch. .....Respondent(s) Through :- CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 15.09.2025 1. An appeal is sought to be preferred against an order and judgment dated 28.04.2025, passed by Principal Sessions Judge, Bhaderwah (Trial Court) in file No. 02/2024, titled “UT of J&K v. Ghulam Mustafa”, whereby, the Trial Court has acquitted the respondent under Sections 363, 342, 376 IPC and Section 4 of POCSO Act and, therefore, an application seeking leave to appeal has been filed. 2. The leave to file appeal is also delayed by 44 days and, therefore, a separate application for condonation of delay has been filed. 3. We have gone through the application for condonation of delay as well as the judgment of acquittal sought to be challenged. The entire case of prosecution was based on the statement of prosecutrix recorded under Section 164 Cr.P.C. However, during the trial, prosecutrix has completely resiled from her statement. She has denied about the commission of offences, as also the Sr. No. 43 2 identity of the respondent. She was declared hostile by the prosecution and subjected to cross-examination, but nothing incriminating could be elicited from her. 4. In view of the categorical statement made by prosecutrix that she did not know the accused and also no offence as alleged by the prosecution in the challan ever took place, we find that no useful purpose would be served even if the delay is condoned. 5. Consequently, the application for condonation of delay along with leave to file acquittal appeal is dismissed. (Sanjay Parihar) (Sanjeev Kumar) Judge Judge JAMMU 15.09.2025 Vishal Khajuria