1996 (9) TMI 652

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 21 of 1991 convicting 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 ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r evidence the learned 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 ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e or, even if 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 presen....