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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -46-from the judicial custody. Each one of them was givenaudience before the judge of the Special Court (POTA)wherein, they all made an oral complaint of policeatrocities during the police custody and alsocomplained of having been in police custody for longtime. According to each accused person, he was made tosign the confessional statement prepared by the policeunder coercion and duress and had not made the same ofhis own free will.At paragraph 144 of the impugned judgment, theDivision Bench of the High Court had recorded itsfinding that the aforesaid retractions are ex facieunbelievable, without giving any reason.33. At para 145 of the impugned judgment, the HighCourt examined the evidence in respect of the letterswritten in Urdu (Ex.658), which is a vitalincriminating evidence against A-4. According to thedefence, these letters were planted by the police at a

Crl.A.Nos.2295-2296 of 2010 -47-later stage, and they placed reliance on the evidenceof PW-42 (Ex.266), the inquest Panchnama(Ex.267) ofthe bodies of the deceased fidayeens, the post mortemnotes(Ex.492 and Ex.493) and the muddamal clothes ofthe fidayeens and submitted that since both of themdied of bullet wounds sustained during the counterattack by the NSG commandos, the bodies were woundedand soiled in blood, and their clothes were tatteredby the bullet holes and the splinters. There wereholes in the clothes of the fidayeens particularly onthe pockets of their trousers. In the aforesaidcircumstances, it is not possible that the lettersrecovered allegedly from the pockets of the trousersof the fidayeens were unsoiled and in perfectcondition, and therefore, the expert opinion (Ex.511)is not very accurate and is not reliable. The HighCourt stated that it is true that the Urdu lettersrecovered from the bodies of the deceased fidayeenswere in perfect condition in spite of the multiple

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