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“I am now shown Exhibit ‘8’, ‘9’ and ‘10’, the written confessional statements of accused No 1, accused No 2 and Master Pankaj Dhaka, brother of accused No 1 respectively, in original. I identify with the Exhibit ‘8’, ‘9’ and ‘10’, and have seen these confessional statements in original, earlier.

The accused persons have made statements at various stages starting from the first verbal confessional statements on 18 Jun 2006 and written confessional statements on 19 Jun 2006. Then, at the Court of Inquiry conducted by the then Commandant, 88 Armoured Regiment and statements made in detail to Commanding Officer, 10 Merchandised Infantry and also at the Summaries of Evidence. Both the accused persons had requested me to save them from civil jail whenever they had interacted with me.”

21) He deposed that the accused have made statements at various stages from first verbal confessional statements on June 18, 2006; written confessional statement on June 19, 2006 and then at the Court of Inquiry conducted by the then Commandant, 88 Armoured Regiment and the statements made in detail to the Commanding Officer, 10 Mechanised Infantry and also at the stage of Summary of Evidence.

22) PW-7 is Risaldar Katar Singh. He deposed that weapons were never physically checked between March 31, 2006 and May 9, 2006. He came to know about the loss of two pistols on May 9, 2006 as they were to be issued to crew of the tank. He is a witness to the confessional statement written by both the accused and that the accused confessed about stealing the two pistols in the presence of entire Squadron. The verbal and written confessions were voluntary in nature. He deposed that he believed the two pistols were lost while in transit in the exercise as no pistols were issued to anyone. He recognized the contents of slip, the scanned copy and handwritten slip found at the Dhobi table. He deposed that he  lodged a Daily Diary Report on May 13, 2006 at P.S. Lunkaransar for loss of two pistols as also the cancellation of the report (Ex.37). The Daily Diary Report lodged at P.S. Sardarshahar was cancelled vide Ex.21. He deposed that on June 18, 2006, he was at his residence when the entire ‘A’ Squadron was made to assemble at the Regiment and he reached the Regiment at 1800 hours. Both the accused were standing in front of entire Squadron. Colonel H.S. Chehal, Commandant; Lt. Col. Arvinder Singh, Second-in-Command and Lt. Col. J.G. Gopalan, Squadron Commander were also present there. Both the accused confessed about stealing of two pistols. They also wrote confessional statement. He is a witness to the confessional statement written by accused Neeraj Kumar. Sowar Krishan Kumar was also present. He and Sowar Atender Dahiya are witnesses of confessional statement of accused Sandeep Kumar.

34) We find that the findings of the Tribunal are not correct in this respect. It is categorical stand of Lt. Col. J.G. Gopalan, Squadron Commander (PW-1) that the report dated April 27, 2006 was prepared without any physical verification and for such report, he has been punished as well. He has also deposed that there was procedural lapse inasmuch as the report was given on April 27, 2006 without physical verification of the weapons and that there  was no daily, weekly or monthly checking. Risaldar Katar Singh (PW-7) has deposed that report was given that the weapons would be in place as no weapon has been issued to anyone. The suggestions put to the witnesses that physical verification was done on April 27, 2006 or the pistols were recovered in general area have been denied by all the witnesses. The stand of the prosecution that the pistols were stolen on April 6, 2006 is based upon written and oral confession made by the accused. The primary evidence of the prosecution is the confessional statements made by the accused along with the supporting confessional statement made by Pankaj Dhaka, brother of accused Neeraj Kumar.

36) The prosecution case is based upon written confessional statements made by accused Neeraj Kumar (Ex.8) and Sandeep Kumar (Ex.9). In addition to the confessional statements, oral confessions were made before Lt. Col. J.G. Gopalan, Squadron Commander (PW-1) and Colonel Arvinder Singh, Commandant (PW-

6). PW-6 has not been cross-examined in respect of any involuntary nature of the confession or that he is the person who has given beatings to the accused as averred by them in their statements under Rule 58. The accused without asking any question to any of the prosecution witness that they have given beatings as alleged by them in their statements, cannot doubt the consistent evidence of the prosecution witnesses. Therefore, the retraction of the confessional statements made in their statement under Rule 58 is of no consequence when the prosecution witnesses have not been cross-examined in respect of involuntary nature of the confessions. The statement of witnesses of different ranks, could not be doubted by the Tribunal. The findings of the Tribunal are in fact based on ipse dixit of the Tribunal.