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TMI Blog2010 (2) TMI 618X X X X Extracts X X X X X X X X Extracts X X X X ..... agistrate, Amritsar, convicting and sentencing them to undergo rigorous imprisonment for five years and to pay fine of Rs. 5,000/- each under Section 135 of the Customs Act (herein referred as 'the Act') for having in their possession 225 smuggled gold biscuits. 2.The accused are the intruders coming from Pakistan towards India, on the intervening night of 12/13-3-1991. V.P. Sharma Commandant B.S.F. Tej Singh Bisht, Inspector and other officials of B.S.F. laid picket opposite B.P. No. 136/6 to 136/7 of Indo-Pak Border. At about 1.45 a.m. On 13-3-1991, they apprehended the accused after a brief encounter and were brought to B.O. Dal. After completing formalities in the presence of the member panchayat of the village, on search of the accuse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d offences to which they pleaded not guilty and claimed trial. 4. In pre-charge evidence, the complainant had examined Roop Singh, Intelligence Officer (PW1), Inspector Tej Singh Bisht (PW2) and V.P. Sharma, Commandant B.S.F. (PW3). 5.After framing the charge, the witnesses were re-called for cross-examination. 6. When examined under Section 313 Cr.P.C. the accused denied all the incriminating circumstances appearing against them and pleaded their false implication in the case. They further explained that nothing was recovered from them. B.S.F. officials had found abandoned gold and on the instructions of their senior officers they had planted the same upon them. 7.The trial ended in conviction. Their appeal was also dismiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Pakistan under the Indian territory. The accused had fired upon them, however, they were nabbed and 225 gold biscuits were recovered from them. At this juncture, it was difficult to have the help of any independent witness. The testimony of these two witnesses being without any bias, malice or enmity against the accused could not be discarded merely for the fact that the same are not corroborated by any independent source. The minor discrepancies are bound to occur in the statements of the witnesses. However, they are quite consistent on all material points. Nothing fruitful could be elicited from their testimonies which could create a dent in the prosecution case. 13. As regards the test report Ex. PE made by the goldsmith, the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 24 of the Evidence Act. In order to attract the bar, it has to be such an inducement, threat or promise, which should lead the accused to suppose that "by making it he would gain any advantage or avoid any evil of temporal nature in reference to the proceedings against him". In the case before us what is it that the appellant has been told? He has been told that the law requires him to tell the truth and if he does not tell the truth, he may be prosecuted under Section 193, I.P.C. for giving false evidence. This, we have held, does not constitute a threat under Sec. 24 of the Evidence Act. The plea of the appellant was that he was compelled to make the statement under the threat that otherwise his mother and another brother will be prose ..... X X X X Extracts X X X X X X X X Extracts X X X X
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