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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -120-learned senior counsel on behalf of the prosecution,on the other hand contended that the statutorymandates had been complied with by the police.We have perused the evidence on record in thisaspect. We have found stark discrepancies in themanner in which the statements of the accomplices andthose of the accused persons were recorded. While thestatements of the accomplices in the present case,namely- PW-50, PW-51 and PW-52 were preceded bywritten records of cautions in the same document, theconfessional statements of the accused persons do notshow such caution. On the other hand, the intimationby the DCP Sanjaykumar Gadhvi (PW-78) appeared on aseparate documents marked as separate Exhibits fromthe confessions. The same are as follows:For A-2- Adambhai Sulaimanbhai AjmeriIntimation letter given by DCP prior toconfession- Ex.457Confessional Statement- Ex. 458For A-3-Mohammad Salim Mohammad Hanif Sheikh

Crl.A.Nos.2295-2296 of 2010 -121-Intimation letter given by DCP prior toconfession- Ex.453Confessional Statement- Ex. 454For A-4- Abdul KayumIntimation letter given by DCP prior toconfession- Ex. 459Confessional Statement- Ex. 460For A- 6- Shanmiya@ Chandkhan Sajjadkhan PathanIntimation letter given by DCP prior toconfession- Ex. 461Confessional Statement- Ex. 462On this aspect of the matter, the CJM, PW-99 made thefollowing statement during cross examination by thelearned counsel for the accused persons vide Ex.568:“....It is true that the explanation given tothe accused and statement made by him, the saidboth were separate papers. I agree to the factthat generally the explanation and thestatement should be in same paper. As both ofthis were in same papers, I did not suspectthat the said explanation which was given, hasbeen brought later on”(translation extracted from the Additionaldocuments submitted on behalf of theAppellants)

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