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Showing contexts for: unsigned statement in The Government Of Tamil Nadu vs M.Noorudheen on 14 August, 2007Matching Fragments
19. It is very clear that as per Section 162 Cr.P.C. no statement made by any person to a police officer in the course of an investigation shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise or any part of such statement or record, be used for any purpose, at any inquiry or trial in respect of any offence under investigation, at the time when such statement was made. It is also clear that no confession made to a police officer shall be proved as against the person accused of any offence, as per Section 25 of the Indian Evidence Act. Here in the instant case, admittedly, no such confession statement was given by the first respondent. The materials available, as per the averments of the petitioner, is only the unsigned alleged statement given by the first respondent, as per Indian Evidence Act, it cannot be taken as evidence. Further, even as per the alleged statement recorded under Section 161 Cr.P.C, as a member of the Test-Check Committee constituted by the Director of Fire Service, the first respondent had signed the report in a compelling circumstance by his aforesaid superior officer. The similar statements said to have given by the other delinquent officials, admittedly would not bind the first respondent, as held by the Administrative Tribunal. It is also not in dispute that as per Article 20 (3) of the Constitution of India, no person accused of any offence shall be compelled to be a witness against himself.