Therefore, we find the Magistrate had no idea or acumen that it was his legal duty to remove the other, inducement and influence of the police completely from the mind of the accused before recording their confession, So, therefore, we hold that the confessions made by the accused cannot be considered either against the maker or against their coaccused. Can they be recorded investigation? State of Assam 2004 Cri. It is necessary that the confession should be signed by the accused. The following observations in the aforesaid decision, in recognition of the aforesaid power of the court, would be useful in this context: We are inclined to accept the argument of the appellant that the language of Section 162 Criminal Procedure Code, though wide, is not explicit or specific enough to extend the prohibition to the use of the wide and special powers of the Court to question a witness, expressly and explicitly given by Section 165 of the Indian Evidence Act in order to secure the ends of justice. Only inculpatory confessions can be used as a substantive piece of evidence. However, they can move H. It is enough that there is broad corroboration in conformity with the general trend of the confession.
It authorizes the Court to presume that the document is genuine, that any statements as to the circumstances under which it was taken are true and that such confession was truly taken in accordance with law. Courts dealing with criminal cases at least should constantly remember that there is a long mental distance between 'may be true' and 'must be true' and this basic and golden rule only helps to maintain the vital distinction between 'conjectures' and 'sure conclusions' to be arrived at on the touchstone of a dispassionate judicial scrutiny based upon a complete and comprehensive appreciation of all features of the case as well as quality and credibility of the evidence brought on record. The learned counsel has contended that these statements should be given due weight and should be considered for proving the offences with which the appellants were charged. After filing charge sheet, these statements will also be perused by the Court to take cognizance of an offence. The prosecution also can now, with the permission of the Court, use such statements to contradict witnesses or to confront hostile witnesses. On the way to the sub jail, the accused sustained injuries in a road accident. The Court observed as under :- technical approach by taking sentences torn out of context here or there from the evidence, attaching importance to some technical error committed by the investigating officer not going to the root of the matter would not ordinarily permit rejection of the evidence as a whole.
C statement is not necessary. Whether the order is legal? Requirement of section 164 2 Cr. Seeing the demeanour of a witness in the witness box is everyday event in the trial court. This subsection states that any Statement excluding confession made under subsection shall be recorded in a manner hereinafter provided for the recording of evidence as is, in the opinion of the magistrate, best fitted to the circumstances of the case. It is a temporary release from the custody. In other words, it can be only utilized only as a previous statement and nothing more.
Before recording a confession a Magistrate is bound to make real and substantial inquiry as to the voluntariness of the confession. No material could be elicited by the defence that the confession was the result of torture and maltreatment and hence it was not voluntary and not true as well. Section 164— Confessional statement of appellant Dablu runs counter to the prosecution case. The provision adopted in India are suffering with ambiguity and not clear as to what stage plea bargaining can be applied. Dhanasekaran, learned counsel for the appellant contended that P. The question about the part which a confession made by a co-accused person can play in a criminal trial, has to be determined in the light of the provisions of s. So,when no incriminating details or circumstance, information implicating the accused is available in the prosecution evidence, there is no occasion for the court to examine the accused under Cr.
All the three star witnesses of the case completely turned hostile. This Court also expressed a similar view in. C Clause 2 subject to restrictions Any person convicted by Session judge Add. This will be violative of this section. The reason for the prohibition of the use of the statements made to the police during the course of the investigation for the purpose of corroboration is that the police cannot be trusted for recording the statements correctly and as they are often taken down in a haphazard manner in the midst of a crowd and confusion.
The desire of Accused to confess was given effect through the J. After the completion of the examination of the prosecution evidence, under Cr. In the course of trial, the prosecution examined as many as 13 witnesses and exhibited a number of documents. She submitted that cross-examination of the hostile witnesses clearly show that they had supported the prosecution case in their statements recorded during investigation. No other evidence was produced to convict the accused. Premananda Brojabashi told that his sister died because of heart attack. The wheels of investigation, consequently were centered in this direction.
The explanation to Section 162 of the Code provides that an omission to state a fact or circumstance in the statement referred to in sub-section 1 may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact. So, during the trial of the case, such was its frame of mind towards the accused. The mob prevented the deceased to get themselves out of the vehicle as a result of which all the three persons got burnt in the vehicle. Prosecution to file appeal C. Only those portion of admissible evidence containing incriminating information as against the accused alone has to be put to the accused under Cr. In case of a witness testifies before the court that a certain fact is existed without stating same before police; it is a case of conflict between the testimony before the court and statement made before the police.
If it is not, will be admissible in evidence, the commission would no vitality the confession and the irregularity is curable under section 463. Evidentiary Value of Retracted Confession It is a settled rule of evidence that unless a retracted confession is corroborated in material particulars, it is not prudent to pass a conviction on its strength alone. The procedure to be followed while recording the statement is mentioned in Subsection 5 of section 164. No time to reflect was given to the accused. Section 265-D: Report of the mutually satisfactory disposition to be submitted before the court. As regards examination of the accused under Cr. Form of recording the confession Delhi High Court has prescribed the proper format for writing down the confession.
Recording of a statement of the accused under is not a purposeless exercise. Question in appeal is whether the statement or any portion of it is admissible in evidence. It is settled law that confessions of a co-accused is a corroborative piece of evidence and cannot be the sole basis of conviction See: Kashmira Singh v. In such circumstances, the victim girl's consent is immaterial. However, under , after the closure of the prosecution evidence, the trial court 'shall' examine the accused.
He has issued a Certificate 20-A. Once such a statement is recorded, the next question that has to be considered by the court is as to what extent and consequences such statement can be used during the enquiry and the trial. A statement recorded by a Magistrate under becomes usable to corroborate the witness as provided in of the Evidence Act or to contradict him as provided in thereof. There is no merit in the contention that when one part of the confessional statement is rejected, other part, even if true, cannot be accepted. A note of caution as envisaged in law was again administered.