LexABDUL VAHAB ABDUL MAJID SHAIKH AND ORS. versus STA TE OF GUJARAT
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,,. '-· ABDUL V AHAB ABDUL MAJID SHAIKH AND ORS. A v. • STA TE OF GUJARAT APRIL 24, 2007 [K.G. BALAKRISHNAN, CJ. AND G.P. MA THUR, J.] B t .,, ~ Evidence Act, 1872: S.30-Confession by co-accused-Corroborated by other evidence- c Hence truthful and voluntary-On the basis of confession, complicity of A l - to A 4 in the abduction proved beyond doubt-Conviction upheld-Penal Code, 1860-ss. 342, 365, 384 r.w.s. 120 B-TADA Act, s.15. Penal Code, 1860: D Ss. 342, 365, 384 r. w. Ss. 120 B-Recovery of money from the house of A-6 and A-7-Prosecution could not prove that the money recovered was actually ransom paid by agent of victim to the abductor-Moreover, in the confession of co-accused, he did not involve these accused-Acquittal upheld. Terrorist and Disruptive Activities (Prevention) Act, 1987: E Ss. 3 and 5-Conviction under-Abduction of businessman/or ransom- Held, such an act cannot be termed as act committed with intent to overawe the public-No evidence that accused intended to strike terror in locality- Accused rightly acquitted for offence under the Act. F Prosecution case was that on 19.1.1994 when victim PW-3 was walking towards his office, a van stopped near him and pulled him into the van. His head and face were covered with cap. He was taken to the cellar of a building. The accused persons made a demand of Rs. 5 lakhs from partner of his construction company. G ~ - . ~ The relative of victims, PW-4 came with Rs 3 lakhs at the decided place and handed over the ransom money to a person sent by abductors. PW-2 lodged a complaint to the police on the same day. A case was registered by PW 14 Police Inspector and investigation started. During H 549 550 SUPREME COURT REPORTS [2007] 5 S.C.R. _,, - .-. A investigation, the house of A-6 was searched on 23.3.1994 and a sum of Rs. 50,000/- was recovered. Thereafter, the house of his father-in-law A-7 was also searched and Rs. 1, 75,000/- was recovered. During investigation, A-1 to A-5 were arrested. Pursuant to the information furnished by A-4 six cartridges were recovered from a heap of bricks. On 8.9.1994, the investigation B was taken over the ACP. He arrested A-9. This accused expressed his desire to give a confession and A-9 was produced before PW l DCP. There were 11 accused persons before the Designated Court for various ~ offence under the Indian Penal Code (IPC), TADA Act, Indian Passport Act, I ..... Motor Vehicles Act and Bombay Police Act. The designated Judge relied on c the confession statement given by A-9 and held that the confession given by A-9 has been supported by other items of evidence and on that basis A-1 to A- 4 and A-9 were convicted for the offences punishable under s.120 B IPC, but .-< all the accused were acquitted ofvarious other charges framed against them. .D Out of the 5 accused convicted, 3 of them filed appeal and State also filed two appeals. Dismissing all the appeal, the Court -~ HELD: 1.1. The main evidence is of the confessional statement of accused E A-9. Of course, the confession statement is generally not treated as the primary evidence, but the confession recorded under s.15 of the TADA Act is substantive piece of evidence and it could be accepted provided there is corroboration by other material particulars. There is substantial corroboration of the confession of A-9 by other items of evidence. [Para 14] [557-E-F] F 1.2. The confession was recorded strictly in accordance with s.15 of the TADA Act. The accused was apprised of the fact that in case any such confession is made, it would be used against him. The police officer who recorded the confession also stated that it was voluntary in nature. [Para 14] [557-G] G 1.3. Under s.15 of the TADA Act, a police officer is permitted to record the confessional statement of accused and certain strict procedure is . - prescribed. The appellants have no case that this procedure has in any way ~. been violated. Merely because the confession was retracted, it may not be presumed that the same was not voluntary. When A-9 was produced before H the Magistrate, he had no case that he was subjected to any third degree -· ~ - ' ABDULVAHABABDULMAJIDSHAIKHv.STATEOFGUJARAT 551 method. He only stated that he had not made any confession before the police. A [Para 14) [558-A-B) 2. In the confessional statement, A-9 has given detailed narration of the incident relating to the abduction of victim. He stated that a
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