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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -64-48. Further, the learned senior counsel placedreliance on the deposition of PW-99 to contend that itleaves no manner of doubt that he was neither mindfulof his obligations under Section 32 of POTA nor did hemake any enquiry regarding fear or torture likely tohave been faced by the accused persons while makingtheir confessional statements. On the contrary, hemechanically sent the accused persons back to policecustody after recording their statements. It wasfurther submitted that the CJM had failed to performthe most important duty of informing himself about thesurrounding circumstances for making the confessionalstatements by the accused. Remanding the accusedpersons to judicial custody has been considered as themost significant safeguard and protection againsttorture by police, which was thrown to the wind by theCJM, thereby he had violated the fundamental rightsguaranteed to the accused persons under Articles 20(3)and 21 of the Constitution. It was further contended

Crl.A.Nos.2295-2296 of 2010 -65-by the learned senior counsel that there was a failureon the part of the courts below in not considering theevidence of doctors who work in Government Hospitalsand who deposed in the case on behalf of the accusedpersons that A-2 to A-6 had complained of havingreceived severe beating by the police prior torecording the confessional statements. The saidevidence is clear from the depositions of DW-2(Ex.731), DW-4(Ex.736), DW-5(Ex.737) and DW-7(Ex.744). From the evidence of DW-2, it is revealedthat the X-ray plates and case papers of A-4 werefound missing and from the aforesaid evidence, theonly conclusion that can be drawn is that once theaccused persons had complained of having receivedsevere beatings by the police prior to their making oftheir confessional statements, the credibility of suchconfessions became doubtful as the same had not beenmade voluntarily before PW-78 by them. Therefore, ithad been urged that neither the Special Court (POTA)

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