STATE GUJARAT Vs. AHMEDABAD IBRAHIMBHAI SHAIK

JUDGEMENT

(1.) Heard learned Counsels for the parties. These appeals are filed by the State of gujarat against the judgment and order passed by the Additional Designated Judge, Court No 4, at Ahmedabad in T. C. C. No. 11/96 and t. C. C. 33/96 acquitting the accused respondents of all the charges.

(2.) In our view, the confessional statement upon which the appellant seeks to rely has been disbelieved by this Court in Criminal Appeal nos. 730-732 0/1999 decided on 27th October, 1999. In the present case also there is no evidence to connect the accused with the crime expect the so-called confessional statement. This Court arrived at the conclusion that the statement recorded under Section 15 of the TADA in question cannot be held true and voluntary and, therefore, the accused cannot be convicted solely on the basis of the confessional statement. Court, therefore, set aside the conviction order passed against the accused. In the present case the Trial Court has acquitted the accused and has rightly no relied upon the said confessional statement. In this view of the matter there is no substance in these appeals and the same are dismissed. Appeal dismissed.