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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -244-no role in the conspiracy to attack the Akshardhamtemple and he was being framed in the case. Thestatements of retraction also referred to the repeatedentreaties by accused persons before the Special Court(POTA) as well as by A-2, A-4 and A-5, before the DIGof Police at Jammu and Kashmir, Mr. K Rajendra Kumarto transfer the case to the CBI for an independentinvestigation and enquiry.118. Further, A-6 had also retracted his confessionalstatement (Ex.32), wherein he had also alleged severetorture and beating by the Srinagar police as well asthe Crime Branch, Ahmedabad and he alleged that he wasarrested at Nagpur and sent to Srinagar and acompulsory confession had been extracted from him inorder to implicate him in the crime.119. Further, with respect to the two Urdu letters,which were purportedly written by A-4, upon which theprosecution placed such an unflinching reliance in

Crl.A.Nos.2295-2296 of 2010 -245-order to establish a link between the fidayeens andthe accused persons, has already been answered by usin point nos. 4 and 5 to be completely unreliable forthe reasons stated by us in this judgment.120. The story of the prosecution crumbles down atevery juncture. Most importantly, the case laws reliedupon above show that the statements of confession ofthe accused persons cannot be relied upon if they areretracted, unless corroborated by independentevidence. In this case, as already elucidated, thecase of the prosecution rests on the confessionalstatements on the accused persons, the confessionalstatements of the accomplices and their evidence andthe two Urdu letters purportedly found in the pocketsof the trousers of the fidayeens and written by A-4,and apart from this, it is very clear that there isabsolutely no independent evidence to implicate theaccused persons for the crime. The evidence of theaccomplices, PW-50, PW-51 and PW-52 are also rejected

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