1990 (12) TMI 93

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..... Shah and Nathalal Rupsi Shah being full brothers and arraigned as accused Nos. 10 and 24 respectively in a prosecution for the alleged commission of offences punishable under Section 120-B Indian Penal Code read with Sections 134(a)(i) and (b)(i) of the Customs Act, 1962 and Section 5 of the Imports and Exports (Control) Act, 1947. 2. Shortly stated, the case against respondents is that they were .....

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..... Mister, Amin Vote and others. The learned Magistrate has analysed the evidence of these persons carefully. He has held that their testimony was not reliable for the reasons given below: 5. Firstly, Lightwalla and Ismail Mister were clearly accomplices of the accused and therefore unless there was independent corroboration on material particulars - and such corroboration is not forthcoming - the t .....

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..... therefore rightly rejected. There is the additional reason that the learned Magistrate has taken a possible view of the evidence. While sitting in appeal against an acquittal, it is not open to us to review the evidence and come to a different conclusion, merely because such a conclusion is possible. The State has to establish that the reasoning given by the Magistrate and the conclusion reached b .....

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