confession records
a confession-Records of confession not held to be admissible
by the trial Court-The Magistrate gives oral evidence of
confession-The records ... Magistrate recording a confession under s. 164 of the Code
is bound to follow the procedure laid down in it. Section
533 of the Code
confession leading
to recovery of some of the household articles.
Appellant Mrinal Dutta is also said to have made a statement under
Section 164 ... required under Section 164 of the Code of Criminal Procedure. He testified
that he had satisfied himself that confession made by Mrinal Dutta was
voluntary
judicial confession but as extra judicial
confession made to PW50. We found it difficult to treat
Exhibit P-77 as extra-judicial confession ... aforesaid categories. As
extra-judicial confession cannot be treated as judicial
confession, similarly an alleged judicial confession proved
to have not been legally recorded cannot
evidence.
CONFESSIONS:
18) It was submitted that confessions of various accused
persons, namely, A9, A 11 and A 12 under Section 164 ... making of the confession and it is sufficient to stamp the
confession as involuntary and hence unreliable. A judicial
confession not given voluntarily is unreliable
inference that the confession was not
voluntary.
Dismissing the appeal, the Court
HELD : 1. A confession recorded u/s 164 Criminal Procedure
Code, if voluntarily ... confession. The condition precedent for recording a
confession by the Magistrate in the ;course of Police
investigation is provided in Section 164
that his evidence receives sufficient corroboration.
The act of recording confessions under s. 164 of the Code
of Criminal Procedure is a solemn ... confession made by the accused can be regarded
as voluntary. It is hardly necessary to emphasize that the
act of recording confessions under s. 164
Code of Criminal Procedure s. 164-Confession recorded by
Magistrate not empowered to record it is inadmissible-So is
oral evidence of such Magistrate ... specially empowered by
the State Government to record a confession. The
confession, it is further stated, was recorded during, the
investigation of the case
Sections 164, 281 and
463.
Sub-section (2) of Section 164 Cr.P.C. requires that the
magistrate before recording confession shall explain ... recording of confession. The confession
was not recorded according to the procedure and the record of
the confession was not available as evidence either
confession appear to. cast a doubt on
the veracity or voluntariness of the confession, the Court
may refuse to act upon the confess;on even ... Magistrate who. records the confession to satisfy him-
self by appropriate questioning of the confessing accused,
that the confession is true and voluntary. A strict
S.N. Dube vs N.B. Bhoir & Ors on 12 January, 2000
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