TMI Blog1996 (3) TMI 548X X X X Extracts X X X X X X X X Extracts X X X X ..... d in a procession towards the Idgah Park. A meeting was going on in Idgah Park where some provocative speeches were made by some of the speakers leading to communal riots. At about 4.30 p. m. the riot was at a pitch and stones and other missiles were hurled on the members of the opposite side from Idgah Road- Nawab Road of Sadar Bazar by the rioters. The appellant was supporting the mob of rioters and was found holding a country made pistol in his hand and waiving it in the air. The police party made some arrests. The appellant was apprehended by SI Didar Singh SHO PW-4, who caught him along with the pistol. The appellant was then handed over to SI Sukhbir Singh PW-7 who arrested him in the riot case and later on formally arrested him in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... witnesses. PW-1 is the duty officer who recorded the formal FIR Ex. PW-1/A Sealed parcel containing the country made pistol was taken from the Moharar Head Constable Malkhana PW-3 to the Central Forensic Science Laboratory by PW-2. These three witnesses are of a formal nature. 4. PW-4, Inspector Didar Singh was the SHO of the area at the relevant time and was present at the spot along with the police force. From the evidence of Inspector Didar Singh PW-4, it clearly emerges that the appellant was apprehended at the spot at about 4.30 p. m. on 14-11-1990 and at that time he was found holding a country made pistol in his hand and waiving it in the air. It also transpires from his evidence that because of provocative speeches made at Idgah ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... safe to rely upon their testimony to sustain the conviction of the appellant. We cannot agree. In our opinion no. infirmity attaches to the testimony of police officials, merely because they belong to the police force and there is no. rule of law or evidence which lays down that conviction cannot be recorded on the evidence of the police officials, if found reliable, unless corroborated by some independent evidence. The Rule of Prudence, however, only requires a more careful scrutiny of the evidence, since they can be said to be interested in the result of the case projected by them. Where the evidence of the police officials, after careful scrutiny, inspires confidence and is found to be trustworthy and reliable, it can from basis of convi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he expiry of the Act and opined that even after the expiry of the Act, the proceedings initiated under that Act would not come to an end without the final conclusion and determination and that they are to be continued in spite of the expiry of the Act. The notified area from where the appellant was apprehended has not been denotified and therefore it is futile to contend that after the expiry of the Act, the area has ceased to be a notified area. 8. Mr. Thakur lastly submitted that since the prosecution has not brought any evidence on the record to show any connection between the appellant's holding the pistol and any terrorists activity as such, his conviction under Section 5 of TADA cannot be sustained. This argument also deserves ..... X X X X Extracts X X X X X X X X Extracts X X X X
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