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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -214-handwriting expert, PW-89. However, the certificate ofthe seniormost official of FSL, Hyderabad was notadmitted on record till a much later stage, after thecharge sheet was prepared and PW-89 gave his statementbefore the court. It was at this stage that hisevidence was admitted with protest from the defence.PW-89 in his evidence had stated that he has basicknowledge of Urdu and cannot differentiate betweenUrdu, Arabic and Persian. He further stated that theopinion of handwriting experts is not conclusive.Therefore, we hold that the prosecution had failed toestablish beyond reasonable doubt that the Urduletters (Ex.658) were written by A-4. Accordingly, weanswer this point in favour of the appellants.Answer to point no.6108. As per the Order of the CJM of Budgam, Jammu andKashmir (Ex.674) dated 11.10.2003, A-6 was arrestedfrom Bareilly during investigation in the case FIR no.130 of 2003 for offences under Sections 120-B, 153-A

Crl.A.Nos.2295-2296 of 2010 -215-RPC, Section 10 of one ‘C.B.A. Act’ and Sections 7 and27 of Arms Act registered at the police station atNowgam, Jammu and Kashmir. A car bearing Registrationno. CHOIX- 3486 was seized as the vehicle wassubjected to checking, and arms and ammunitions wererecovered from the vehicle. The driver disclosed hisname as Chand Khan, resident of Barsia TehsilNawabgunj, Dist. Bareilly, U.P. The seizure memo wasdrawn up immediately and A-6 was taken into custody.He thereafter, allegedly confessed that he wasaffiliated to militant outfits in the style ofLashkar-e-Toiba and was involved in subversiveactivities outside Jammu and Kashmir as well. A-6 hadfurther allegedly confessed that he was using oneambassador car bearing Registration no. KMT 413 forsubversive activities outside Jammu and Kashmir, whichwas recovered by the Jammu & Kashmir police from theworkshop under the name of ‘Chand Motor KhanabaiAnantnag’ as stolen property, under Section 550 of the

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