STATE OF RAJASTHAN Vs. MAHENDRA SINGH

JUDGEMENT

(1.) This is an appeal under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act 1987 ('the TADA') against the judgment and order dated 9th March, 1992 of the Designated Court Ajmer.

(2.) Before the Designated Court the respondents were charged with various offences, Mahendra Singh was charged under Sections 307, read with 149, 148 and 353 of the Indian Penal Code, Section 7/25(1) (a) 27 (2) of the Indian Arms Act and Section 3(2) (ii), Section 3(3) of the TADA, Malkiyat Singh was charged under Section 307, read with Sections 149, 148, 353 read with Section 149, of the Indian Penal Code and Section 3 (3) of the TADA. Gurdev Singh, Sadhu Ram, Jasveer Singh, Kulwant Singh, Kewal Singh, Kaur Singh and Bhan Singh were charged under Section 3(3) of the TADA and accused Kartar Singh was charged under Section 7/25(i) (a) of the Arms Act. The Designated Court on appreciation of the evidence, recorded before it, came to the conclusion that the charges were not proved against the respondents and as such acquitted them.

(3.) The main evidence before the Designated Court was the confessional statement, stated to have been made by the respondents. It was contended before the Designated Court that the statements were not voluntary; there was no corroboration by any independent evidence; the confessions were not recorded in accordance with the provisions of Section 15(i) of TADA which is almost identical to Section 164 and Section 281 of the Criminal Procedure Code. It was further argued before the Designated Court that all the confessions were retracted soon after they were alleged to have been made.