A statement recorded by the police during the investigation is not at all admissible in evidence and the proper procedure is to confront the witness with contradictions when they are examined and then as the investigating officer regarding those contradictions. 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. It could, to the maximum, be used by the prosecution for their contradiction, but that too has not been done in the present case. Certificate given by the Magistrate as to what had happened, how he warned, gave time for reflection, yet how the accused insisted on making the confessional statement ought to be treated as conclusive evidence of facts therein unless shown to be otherwise. State of Rajasthan The appellant has been convicted for an offence under s. Thus, for the offence of 'rape', determination of the age of the victim girl at the time of incident is very impotant. What to do for asking protection? The confession must be shown to be voluntary before it can be acted upon.
The learned Judge was justified in relying upon the statement recorded under Section 164 Cr. The order of conviction are set aside and the accused are ordered to be acquitted. The appellant is acquitted from all the charges. Because it was recorded from a witness during investigation. Subsection 4 says that the confession should be recorded in a manner provided under section 281 and shall be signed by the person making it.
After completing the investigation, a report under Section 173 Cr. His father commanded to withdraw the suit, he dolt let there be result, all of a sudden, Vasant and Gangaram got furious and enraged and there was scuffle, he got annoyed of his father and brothers and in the fit of anger, he lift Pappy by her legs and thrashed her on stone, she sustained injury and died. The admitted Post Mortem notes also depict, head injury at occipital region to the victim. It can be used to contradict a witness. In the above case police has to gives reasons in writing. Thus, it is seen that the witnesses cited and examined by the prosecution, when did not support the prosecution and who has been declared as hostile witness and with the leave of the Court, can be cross-examined by the prosecution and still if he reiterates what he had stated in his chief-examination, namely, not spoken in favour of the prosecution case, he has completely turned hostile. The Court was of the view that if the evidence is recorded for the first time itself before the Judicial Magistrate under Section 164 Cr.
So, on scrutiny of the above confessional statement, it is difficult for us to hold that the same recorded in full compliance with the provision of 164 3 of the Code of Criminal Procedure and that the same is not voluntary and true. But the discovery from its place of hiding, the gandasa stained with human blood in the light of the admission by him that he had thrown it in the tank in which it was found therefore acquired significance. The deceased-Graham Staines was engaged in propagating and preaching Christianity in the tribal area of interior Orissa. In any of the above cases, it can be inquired into or tried by a court having jurisdiction over any of such local areas. However, the trial court completely brushed aside such evidence of P.
To substantiate it, prosecution examined P. If it is not a confession but contains admissions made by the accused, the F. Generally, it has been defined as Security for the appearance of the accused person, on giving which, he is released pending trial or investigation. Bose that confession is a weak type of evidence. But very often to make a statement sensible or self-consistent, it becomes necessary to imply words which are not actually in the statement. But then he made real endeavour for coming to the conclusion that the statement was voluntary. This is so because a confession must either as a whole or rejected as a whole, and the court is not competent to accept only the inculpatory part and reject the exculpatory part statement of self-defence.
It has the origin in the historical distrust about the faithful recording of statement by the investigation officers. In Guruvind Palli Anna Roa And others v. The confession without memorandum that it is voluntary is bad in law and cannot be admitted in evidence. Purporting to rely upon their earlier decision in State v. This evidence in totality not sufficient to convict the appellants of the offences under s. Then accused made his confessional statement, which at the direction of P. It can be taken into consideration in any enquiry or trial but still it is not strictly evidence in the case.
Further, a mixed statement which even though contains some confessional statement will stand lead to acquittal is no confession. The Directions are as follows; i. As soon as the crime is brought to the knowledge of the police officer, he is duty bound to take the victim to the nearest Judicial Magistrate for recording her statement. Premananda Brojabashi along with Jashomati Brojabashi, Narkanta Roy and Manoranjan Barman brought the dead body of Depali Roy to the village and while they were proceeding to Asram, co-villagers restrained them. Gaurav Aggarwal, the learned counsel for the appellant has argued that there was no evidence whatsoever against the appellant herein.
C on appeal, Reverse the order of acquittal and convict the accused and sentence Death L. Their such evidence is in no way useful to the prosecution to prove its case, to record a finding of guilty, to render an adverse finding as against the accused. Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause 1 of section 32 of the Indian Evidence Act, 1872 1 of 1872 , or to affect the provisions of section 27 of that Act. We shall proceed to appreciate them one by one in the light of the evidence adduced before the trial court and the law relating to those aspects. After the expiry of two days the police filed an application for extension of police custody producing the accused through video conferencing.
In such a case presumption of regularity of official acts will be invoked otherwise the purpose of the section will be defeated. Statement under the provisions of sec. State of Haryana court observed that, Where the Magistrate fails to explain to accused that he was not bound to make the confession and that if he did so, such confession might be used as evidence against him, that confession so recorded, cannot be taken into consideration. Section 164—Retraction of confession—Once a confession is found to be true and voluntary, a belated retraction will be of no help to the confessing accused. Section 164—Exculpatory statement uncorroborated by any other evidence cannot be the basis of conviction. Police filed an application for police custody.