TMI Blog1996 (9) TMI 652X X X X Extracts X X X X X X X X Extracts X X X X ..... and sentencing the appellant under Section 25 of the Arms Act, 1959 and Section 5 of the Terrorists and Disruptive Activities (Prevention) Act, 1987. According to the prosecution case on May 12, 1990 at or about 12.30 P.M. when inspector Gurmit Chand of Chheharata Police Station (P.W. 3) along with Sub Inspector Rattan Lal (P.W. 2) and other police officials were on patrol duty near Bole-di-Ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned Judge recorded the impugned order of conviction and sentence. It was first contended on behalf of the appellant that since no independent witness was examined by the prosecution to prove the alleged recovery of the arms and ammunitions from the appellant the Designated Court was not justified in convicting him relying solely upon the evidence of the two police officers. It was next conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f available, is not willing to be a party to such search. It may also be that after joining the search, such persons later on turn hostile. In any of these eventualities the evidence of the police officers who conducted the search cannot be disbelieved solely on the ground that no independent and respectable witness was examined to prove the search but if it is found - as in the present case - tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stable Baita Singh. This missing link also weakens the prosecution case. For all these infirmities we are of the view. that the appellant is entitled to the benefit of reasonable doubt. We, therefore, allow this appeal and set aside the conviction and sentence recorded against the appellant. The appellant, who is on bail, is discharged from his bail bonds. Fine, if paid, be refunded to him. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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