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PLJ 2018 Cr.C 184

PLJ 2018 Cr.C 184

Other Relevant References:

anti-terrorism act, 1997 (xxvii of 1997)-- ----ss. 25 & 7--explosive act, 1908 ss. 3/4--control of narcotic substances act, (xxv of 1997), s. 9(b)--criminal appeal--conviction and sentence--challenge to--allegation of--explosive and narcotics substance were planted by appellant--motive--vendata and grievance against brother of pw, appellant got planted explosive and narcotics in rikshaw of said pw through appellant etc., but not an iota of evidence was produced and that how these three acquitted accused were instigated by appellant to plant these articles with motorcycle rikshaw belonging to pw which he is using as driver--there was no evidence neither any investigation was conducted by investigating agency as to whether there was any truth in motive as set up/narrated in fir--there was not an iota of evidence that explosive and narcotics were planted by appellant through his co-accused with motorcycle rikshaw of pw-though prosecution produced evidence and tried to prove that explosive and narcotics were examined from concerned agency/offices but failed completely to connect that these were belonging to appellant who allegedly got planted same in motorcycle rikshaw of pw-co-accused who were under allegation of planting these had been acquitted by trial court and there was no appeal or revision filed there against, thus, these findings attained finality as mentioned above that appellant has never been connected with occurrence and this important version of prosecution was not proved--trial court should have acquitted appellant but perhaps considered it obligatory to pass conviction against appellant while rendering impugned judgment while acquitting co-accused--impugned judgment is, thus, not sustainable, therefore, while allowing this appeal. [pp. 187 & 188] a & c

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