1983 (9) TMI 93

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....J.]. - It is said that on 28-3-1982 Smt. Jamila Begum! respondent along with her husband Gulam Mustafa and their son Imdad Hussain were going to Pakistan. At the Attari Road Land Customs Station all three of them gave a joint declaration in which it was not mentioned that the respondent was also carrying 20 gold bangles and 4 gold Karas Exs. P-1 to P-24 to Pakistan. The lady was searched by Mrs. S....

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.... is that the recovery Memo. Ex. PC was interpolated in the sense that out of the things recovered Item No. 3 reading as "a piece of cloth" was added later on. The expert evidence does show that this interpolation was made in the recovery Memo. It is also apparent to the naked eye. Normally speaking we would have thought that there was no necessity for the Custom Officers to insert these words afte....

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.... the entire document a nullity and it cannot be read to prove the existence of those facts which were genuinely recorded in it. 5. The other point which seems to have weighed with the learned Sessions Judge is that the respondent was an uneducated lady and had merely signed the declaration scribed by her husband. Admittedly, the so-called declaration was a joint declaration which had been signe....

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....circumstance in this case is that the respondent has mentioned that she could sign in Urdu language only and was not conversant with English language. This explanation given by her has been accepted by the learned Sessions Judge. An appeal against acquittal does not necessarily mean a re-appraisal of evidence by the High Court. Usually we interfere if the lower court has committed some error of la....