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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -90-under Section 32 of POTA and the learned counsel forA-6, Ms.Kamini Jaiswal had alluded to them withrespect to A-6 also. Hence, we will not reiterate thesame in this portion of the judgment.That the other evidence produced by the prosecutionalso does not point to the guilt of A-6.70. The learned counsel submitted that during theremand of A-6, the investigation was carried on by V.DVanar (PW-112), at Bareilly and Ahmedabad. He haddrawn panchnama of a PCO from where the accused hadallegedly made telephone calls, but though he statedthat a panchnama was drawn at Bareilly, no suchpanchnama had been brought on record. He was also saidto have recorded the statement of PW-69, MinhaasAshfaq Ahmed who had stated that A-6 got theambassador car repaired at Das Motors and also thestatement of one Dr. Sudhanshu Arya (PW-93) who hadstated that the accused came to him for treatment of

Crl.A.Nos.2295-2296 of 2010 -91-his child. However, it is contented that none of theseincidents in any way connected the accused to theattack on the Akshardham temple.Some other evidence which the prosecution sought torely on to establish the guilt of A-6 were thedeposition of the owner of Gulshan Guest House, YusufGandhi, (PW-57: Ex.328), Panchnama of specimensignature of A-6 in the register of the guest house(Ex. 683), recovery of the ambassador car from thecustody of the J & K Police (Ex.672) and the report ofthe RTO regarding the ownership of the said ambassadorcar. (Ex.672).It was submitted that the register of the Guest House,which was seized around 27.08.2002 and 28.08.2002, wasnever sealed, and that the pointing out of thesignature by A-6 while being in custody of the policewas not admissible in evidence.

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