TMI Blog2020 (3) TMI 1217X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are all being Pakistani national and serial no.12, a citizen of India, were arrested by the department. However, the accused at serial nos.11, 13, 14 and 15 were absconding and non-bailable warrants were issued by the trial court against the absconding accused. 2.3. The trial court, however, allowed the application of accused nos.11 and 14 and ordered their discharge from the aforesaid criminal case vide the judgment and order delivered by him on 26.10.1993. 3. Learned advocate Mr.Dhaval D. Vyas appearing for the applicant has submitted that the present revision application is confined to the opponent no.3-original accused no.14 since the opponent no.2-original accused no.11 has already passed away and qua him, the present revision a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itted that the dispensation of the accused was ordered by the trial court on the ground that the Calcutta High Court had stayed execution of the warrants, however, no such orders from Calcutta High Court were produced and only a photocopy appears to have been produced, which are pertaining to warrants. Thus, he has submitted that the impugned order and judgment discharging the accused no.14 may be set aside. 4. Per contra, learned advocate Mr.Hriday Buch appearing for the respondent no.3 has submitted that the entire case of the appellants rests on the extra-judicial confession of the co-accused i.e. accused no.1-Swali Ahmed Haji Meer @ Shauli Ahmed (Exh.100), which was recorded by the Superintendent Customs. He has submitted that the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 25.05.1992 (Exh.278). A perusal of the judgment reveals that the trial court has considered the extra-judicial confession of the accused no.1 with regard to the involvement of the accused no.12. After considering the aforesaid aspect, 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 tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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