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16. As only seven respondents are before us in the present appeal, we shall consider the part played, as alleged by the prosecution, by these accused persons in committing the offence(s) of which they have been charged.

17. As per the prosecution, Siraj Ahmed Nisar Ahmed- respondent no.1 possessed arms which were brought from Gujarat for nefarious design to commit the murder of Ramdas Nayak.

18. Mohd. Firoz Ayub Khan-respondent no.2 possessed arms which were brought from Gujarat for committing the murder of the deceased Ramdas Nayak. He also allowed his STD booth to be used for conveying the message to the gang leader, Chota Shakeel by the assailants just after the act of murder.

43. It is urged by the learned counsel for the appellate-State that the accused Mushraf has made a confession before a police officer authorized to record the confession under Section 15 of the TADA Act, wherein the accused has admitted his guilt and his active participation in the commission of crime, which is a substantive piece of evidence; and that the Designated Court has committed an error in rejecting the confessional statement of the accused Mushraf.

44. Under Section 15 of the TADA Act, notwithstanding anything contained in the Indian Evidence Act, a confession made by an accused before a police officer not lower in rank than a Superintendent of Police which is recorded by such police officer in writing or on any mechanical device like cassettes, tapes or sound tracks from out of which sounds or images can be reproduced, shall be admissible in the trial of such person. By Act No. 43 of 1993, such confessional statement was made admissible against the co- accused, abettor or conspirator for an offence committed under the TADA provisions or Rules made thereunder, provided that the co- accused, abettor or conspirator is charged and tried in the same case together with the accused. Sub-section (2) of Section 15 casts an obligation on the part of the police officer to explain to the person making the confession that he is not bound to make a confession and further to give a statutory warning that if he does so it may be used as evidence against him. Rule 15 of the Terrorist and Disruptive Activities (Prevention) Rules, 1987 (for short "the TADA Rules") lays down the mode of recording the confession and Rule 15(3)(b) requires the police officer to make a memorandum at the end of the confession to the effect that he has explained to the maker that he is not bound to make the confession and that the confession, if made by him, may be used against him; and that he has recorded the confession only on being satisfied that it was voluntarily made. Rule 15(5) requires that every confession recorded under Section 15 shall be sent forthwith to the Chief Metropolitan Magistrate or the Chief Judicial Magistrate having jurisdiction over the area and the Magistrate shall forthwith forward the recorded confession received by him to the Designated Court taking cognizance of the offence.

46. On the other hand, it is urged by the counsel for the respondent-accused that although the confessional statement was recorded by the police officer after the judgment of the Constitution Bench was delivered, yet the guidelines provided by the Court to safeguard and ensure the voluntary nature of the confessional statement made to the police officer were not complied with, apart from the fact that the evidence led by the prosecution does not indicate that the confession was made by the accused to the police officer voluntarily; and, therefore, the Designated Court has not committed any error in rejecting the so-called confessional statement given by the accused Mushraf.

53. The Designated Court on overall consideration of the evidence brought on record in regard to the confessional statement recorded of the accused Mushraf has not found it voluntary. We have been taken through the reasoning given by the Designated Court. On considering the evidence independently and legal provisions, we are of the view that the Designated Court has not committed any error in rejecting the confessional statement of accused Mushraf. We do not find that the acquittal of Mushraf is contrary to the established principles of law or that the evidence which has come on record proves the case against Mushraf beyond reasonable doubt for his involvement in the commission of crime.