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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -174-Therefore, in the light of the case mentioned above,we begin with examining in detail the evidence of PW-50. He has stated in his deposition about watchingvideos of riots and killing of Muslims in Gujarat inthe house of A-3 at Riyadh, which act, by itself doesnot constitute a criminal offence. On being askedduring the cross examination before the Special Court(POTA) if the money donated by the gathering in SaudiArabia to A-3, was used for running the relief campsin Gujarat, he was not able to answer for what purposeexactly the money was collected. Therefore, at themost, even if his evidence is taken to be true for thesake of argument, some suspicion, if at all, can becast on the involvement of A-3 in some sort of illegalactivity at the most. But culpability of a person inas grievous an offence as this, cannot be premised onmere suspicion without knowledge of the nature of theillegal activity.

Crl.A.Nos.2295-2296 of 2010 -175-94. Next, with respect to PW-51, the evidence is notreliable because of two reasons. Firstly, according tohis evidence, it was reported to him by A-2 that thefidayeens had arrived from Hyderabad which contradictsthe claim of the prosecution. Secondly, A-2 did notstate anything beyond the alleged arrival of thefidayeens which cannot be connected to the event ofattack on Akshardham beyond reasonable doubt. Itagain, merely arouses suspicion about the involvementof A-2 and the passive approval of A-4 and A-5 in theincident.Even with respect to PW-52, other than the fact thathe mentioned about A-2 telling him that they areplanning a ‘carnage’ and that some ‘guests’ havearrived, no other detail was provided by PW-52 in hisevidence.It is also pertinent to mention here thatA-6 had not been mentioned at all in the evidence ofany of the accomplices. Therefore, the twin test toestablish the credibility of the guilt of the accused

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