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2020 (3) TMI 1217 - HC - CustomsSmuggling - Gold Bars - acquittal of accused - offence under Section 135 of the Customs Act, 1962 and Section 85 of the Gold Control Act, 1968 - HELD THAT:- The trial court has held that the accused no.12 is entitled to acquittal as he is arraigned only because of the confessional statement of the co-accused. The trial court in the impugned judgment has placed reliance on the aforesaid judgment and in the considered opinion of this Court, such reliance cannot be said to be misplaced, which is rendered in the case of the co-accused. The present accused no.14 has only been arraigned because of the statement of the co-accused no.12, who has been acquitted by the trial court - The confession recorded of the accused no.1 vide Exh.100 reveals that the same does not meet with the parameters of Section 26 of the Evidence Act, 1872. It is also the come on record that the identity of the accused no.14 is not established and he has only been arraigned by the name of Kasam on the statement of the co-accused. Since the accused no.14 has only been arraigned as an accused on the confession of the co-accused, as per the judgment of the Apex Court in the case of MOHAMMED FASRIN VERSUS STATE REP. BY THE INTELLIGENCE OFFICER [2019 (9) TMI 830 - SUPREME COURT], the discharge of the accused no.14 cannot be disturbed. The present revision application fails.
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