2000 (10) TMI 989

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.... only 1st accused (N.P. Divakaran) for the afore-said offences and sentenced him to rigorous imprisonment and fine in accordance with law. The aforesaid convicted person preferred an appeal before the High Court in challenge of the conviction and sentence. In the meanwhile, respondent also filed an appeal in challenge of the order of acquittal passed in favour of the present appellants. Both appeals were heard together by a learned Single Judge of the High Court. While dismissing the appeal preferred by 1st accused, learned Single Judge reversed the order of acquittal passed on the appellants and convicted them also under Sections 21 and 29 of the Act and sentenced each of them to undergo rigorous imprisonment for a period of 10 years and t....

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....aid statement had been coaxed out from him. The third is that the said retracted confession had no corroboration, and therefore, cannot be made the basis for conviction. 5. There is nothing to indicate that Exhibit P-8 had been elicited from A2 by any coercion, threat or force, and therefore, the learned Single Judge of the High Court had spurned down that contention. Regarding the complaint alleged to have been made by appellant - Naushad on 11.3.1994 we have perused it. His case therein was that he offered himself to be a witness in the case and some reward was offered for it. It was on the said offers that he agreed to sign the said statement. It must be remembered that appellant - Naushad has no case that when he was produced befo....

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....rs. That statement shows that he had acted in conformity with Section 57 of the Act. 7. As the appellant - Naushad failed to succeed on any of the points raised by him, we do not find any reason to interfere with the conviction and sentence passed on him by the High Court. 8. Dealing with the case of appellant - Mehaboob we notice that Exhibit P-9 statement attributed to him does not contain any inculpatory statement which would involve him either in a conspiracy or in an abetment for the offences committed by other accused. The worst part in the statement - Exhibit P-9 is that he was informed that brown sugar could be supplied to him and he went to the house of A-2 in response to that. It is admitted by the prosecution that no brown ....