State (Cbi) VS Mohd. Salim Zargar Alias Fayaz
(A) Ranbir Penal Code (12 of 1989) , S.368, S.302— Smvt.
Terrorist and Disruptive Activities (Prevention) Act (28 of 1987) , S.3, S.4— Murder – Appeal against acquittal -Testimony of eye-witnesses and recovery evidence – Reliability – Offences under IPC and Terrorist and Disruptive Activities (Prevention) Act – Allegations of kidnapping and murder of Kashmir University Vice Chancellor and his secretary by armed terrorists – Eyewitnesses detailed how armed individuals hijacked vehicle and later transferred kidnapped persons to another car but could not recognize individuals – While forensic evidence confirmed use of an AK-47 rifle, weapon was not recovered – Non-recovery of weapon of offence was fatal – Testimony of eye-witnesses and recovery evidence was not credible – Acquittal of accused persons was upheld.
(B) Ranbir Penal Code (12 of 1989) , S.302— Terrorist and Disruptive Activities (Prevention) Act (28 of 1987) , S.15— Murder – Confessional statement – Reliability – Allegation that Vice Chancellor of University and his Personal Secretary were kidnapped and killed by armed terrorists- Time and place where confession was recorded, was not mentioned – Whether any time was afforded to accused to reflect before making confession, was not mentioned – No statements in form of questions and answers were recorded to ascertain voluntary nature of confessional statements – Confessional statements of accused persons were recorded on same day of production which indicated that hardly any or no time was given to them for reflection – Date on certificate appended to confessional statement was different from date stated by officer in his evidence – Same confession was previously rejected as inadmissible and unreliable by Special Court in another case – Confession was vitiated by non-compliance with procedural safeguards – Acquittal of accused was proper
1994 Cri LJ 3139 (SC)-Followed(Paras2525.128)
