victim Biman Banerjee. The extra judicial confession
made by the accused persons was supported by judicial confession. Judicial
confession of the accused was recorded ... witnesses,
coupled with the extra judicial confession, the judicial confession recorded under
Section 164 Cr. P.C. as also the medical evidence, makes it clear
confession is not the ground to throw the confession overboard.
14. We are unable to understand how a judicial confession would become bad by reason ... confession. That aspect, instead of vitiating the confession, could be a factor in favour of the voluntariness of the confession. When the culprit finds that
holding that a
police officer recording the confession under Section 15 is
really not bound to follow any other procedure and the rules ... framed by the Bombay High Court for recording
the confession by a Magistrate under Section 164 CrPC; the
said guidelines do not by themselves apply
includes a Magistrate who is not especially
empowered to record confessions under Section 164 of the Code of
Criminal Procedure, 1973 (for short the `Code ... Magistrate so
empowered but receiving the confession at a stage when Section 164 of the
Code does not apply. As to extra-judicial confessions
Magistrate who is not especially empowered to
19
record confessions under Section 164 of the Code of Criminal
Procedure, 1973 (for short the `Code ... Magistrate so
empowered but receiving the confession at a stage when
Section 164 of the Code does not apply. As to extra-judicial
confessions
Magistrate during the course of
recording of her alleged confession u/s 164 of the Code.
There is no bar either in the said Code ... prosecution proposes to rely, including the statements and
confessions, if any, recorded under section 164 and the
statements recorded under section (3) of section
includes a Magistrate who is not especially empowered to
record confessions under Section 164 of the Code of Criminal
14
Procedure, 1973 (in short ... Magistrate so
empowered but receiving the confession at a stage when
Section 164 does not apply. As to extra-judicial confessions,
two questions arise
includes a Magistrate who is not especially
empowered to record confessions under Section 164 of the Code of
Criminal Procedure, 1973 (for short the `Code ... Magistrate so
empowered but receiving the confession at a stage when Section 164 of the
Code does not apply. As to extra-judicial confessions
Balasaheb (P.W.2) under Section 164
Cr.P.C. The desire of Accused to confess was given effect
through ... while
criticizing the judgment of conviction based on the
confession of the accused under Section 164 of Cr.P.C.r or
relying on statement
judicial custody. Section 164 of the Criminal Procedure Code, 1973 reads as follows:-
"164. Recording of confessions and statements.--(1) Any Metropolitan Magistrate ... confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession
