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Showing contexts for: unsigned statement in Thampi Chettiar Arjunan Chettiar vs State And Anr. on 3 April, 1985Matching Fragments
14. In order to protect the interest of the accused, who is facing trial certain safeguards are provided in the Cr. P. C. as well as in the Evidence Act. Section 24 onwards of the Evidence Act place some restrictions or prohibitions on the admissibility of confessional statements made by an accused person. So also under the Code of Criminal Procedure, there are certain restrictions regarding the user of the unsigned statements given by witnesses during investigation. These restrictions, which are intended to protect the interests of an accused facing trial, cannot be said to be available to him in other proceedings where those restrictions have no application. For example, in an enquiry under the Commissions of Inquiry Act, the statements given by witnesses during investigation, in a criminal case, may be admissible, without the restrictions being applicable. Even the confessional statements made by an accused person also may be applicable (admissible?) in such cases. In Sivasankara Pillai's case, 1972 Ker LT 61, E. K. Moidu, J. had occasion to consider these aspects and observe that such statements made during investigation and even confessional statements given by accused persons could be relied on as pieces of evidence in a proceeding like this for the purpose of considering and deciding as to who is the person best entitled to possession of the property. Therefore I am of opinion that there is no merit in the objection raised by the accused.