The State’s appeal against acquittal in an SPO’s abduction and killing failed because the prosecution did not reliably establish the surviving respondents’ identity and participation.
Judge / Bench — Hon’ble Mr. Justice Sanjeev Kumar and Hon’ble Mr. Justice M. A. Chowdhary, Judges; judgment by M A Chowdhary, J.
A Division Bench of the Jammu & Kashmir and Ladakh High Court identified material contradictions about masks, lighting, presence at the scene and the manner of occurrence, alongside deficiencies in the site plan and failure to examine available independent neighbours. Related testimony was not rejected merely for relationship, but critically assessed against those inconsistencies. Medical proof of homicide could not cure the identification gap. The reasoned acquittal was upheld: gravity and suspicion cannot replace proof, and a reasonable view favouring acquittal cannot be displaced merely because another view is possible. The appeal concerned respondents 2–4, not a fresh trial of every named accused.
Case — State of Jammu & Kashmir v. Shakeel Ahmad @ Khateeb Ansari (Dead) and others · CRAA/53/2011 · 29 October 2026 · Jammu wing
Advocates appearing — Appellant/State — Mr. Raman Sharma, AAG, with Ms. Shaliqa Sheikh, Adv., and Mr. Kartikay Sharma, Adv. Respondents 2–4 — Mr. M A Bhat, Advocate, with Mr. Tauqir Mustafa Khan, Adv.