1990 (12) TMI 93

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....al of the respondents Bhailal Rupsi 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....

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....ggling operations were Lightwalla, Ismail 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 s....

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....g these and various other infirmities and was 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 ....