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Showing contexts for: Spinal in Kumari Shaima Jafari vs Irphan @ Gulfam & Ors on 11 December, 2012Matching Fragments
3. Leave granted.
4. The spinal issue that has spiralled to this Court is whether the appeal preferred by the Government questioning the legal substantiality of the judgment of acquittal could have been dismissed by the High Court in such a manner as it has been done.
5. At this juncture, it is apposite to state that the complainant had filed Appeal No. 1674 of 2011 which has also been dismissed by another Division Bench on the foundation that when the Government Appeal had already met its fate of dismissal, there was no justification to entertain the said appeal. No fault can be found in the order passed by the Division Bench dealing with the appeal preferred by the complainant as that cannot survive after the Coordinate Bench had given the stamp of imprimatur to the judgment of acquittal passed by the learned trial Judge in the Government Appeal. Hence, the prayer has been restricted and, rightly so, by the learned counsel for the appellant to the assail of the judgment passed in the Government Appeal.