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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -186-“…….It is true that around 700 people livedin the said camp. I don’t know if except forme, many other workers were taken by theCrime Branch personnel and there were protestin this regard. The witness states thatKhalid Sheikh was taken from our place. Thewitness himself states that I was kept blindfolded (by tying strip on eyes) andtherefore, I don’t know. I was questionedabout identification of accused no. 2 and 5.I do not know after how many days theseaccused persons were brought when I was takenby the Crime Branch personnel because I couldnot make out about dates and days. It is truethat I was released after two months by thecrime branch and remand of the accused hadcompleted prior to the time when I wasreleased. It is true that when I was taken tothe magistrate, I was told that thisconfession could be used against me in theCourt…..It is true that the statement writtenby the Magistrate Sir was written from thestatement at Crime Branch.”(translation extracted from the Additionaldocuments submitted on behalf of theappellants)During cross examination by the Special PublicProsecutor, Shri H.M. Dhruva, he stated thus:“……I was taken to Crime Branch in seventh orEighth month of the year 2003. I was confinedcontinuously for two months and was not

Crl.A.Nos.2295-2296 of 2010 -187-allowed to go anywhere. Application was notsubmitted by any of my relative in thisregards. My relative had not filed any casewith regards to my wrongful confinement norwas any application filed. After I gotreleased 2 months later, I have not submittedany application anywhere. I was questionedwith regard to the case. The witness himselfstates that questioning was done just withregards to the camp. With regards to all theother facts, only written statements weregiven. It is true that I was taken to theMagistrate Sir regarding what I know aboutthis statement. It is not true that theMagistrate had asked any question to me and Ihad replied to the Sir. It is true that I didstate the fact to the magistrate that I wasconfined for two months and was beaten up.The witness himself states that I was toldnot to say it. It is true that from the timeI was released from Crime Branch and till thetime when I came to give this deposition, Ihave not submitted any application in thisregards, nor have I made any complaint. ……….It is true that I did not give any writtenor oral complaint on the last court date withregards to having been confined for 60 daysand having been threatened by the CrimeBranch. It is true that I am stating thesefacts for the first time after my depositionon the last date 15.7.2005. It is true that Iwent to Crime Branch after I had deposed onthe last occasion, and thereafter I had goneto my house. …..The witness himself statesthat I made daily phone calls to CrimeBranch…..Crime Branch officer used toinvestigate if I am threatened by anybody. It

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