- (1.) Aggrieved by the decision of the Full Bench of the High Court of Bombay dated 05.11.2004, the appellant has filed these appeals.
(2.) In view of the limited issue, being the same covered by a subsequent decision of this Court and the course which we are going to adopt, we feel that there is no need to traverse the factual details. After reference by a Division Bench, the Full Bench of the High Court of Bombay re-framed the following questions for adjudication which read as under: "Q.1 Whether Section 32 of the Prevention of Terrorism Act, 2002 so provides that a confession/statement made under that section by an accused person can be used as a substantive piece of evidence against the other co-accused also Q.2 In the event the answer to the question no.1 is in negative, i.e. to say evidence is not substantive evidence in nature, to what extent such statement can be used in the trial - After deliberations, the Full Bench answered the above questions as under: Ans. to Question No.1: In view of the discussion made above, in our considered view, the confessional statement recorded under Section 32 of POTA cannot be used as a substantive piece of evidence against other co-accused. Ans. to Question No.2: In our view, the statement recorded under Section 32 of POTA is undoubtedly a statement made by a person and it can be used for any purpose to the extent a statement under Sections 161-164 of Cr.P.C. can be used."
(3.) After answering the reframed questions, the Full Bench considered the claim of the parties on merits and remitted the matter back to the Designated Court for deciding the application of the original accused No.1 for discharge, on the ground mentioned therein and in the light of the observations made in the judgment. The conclusion of the Full Bench as well the ultimate direction is under challenge in the above appeals.;