trial court
had rightly convicted the appellant after considering the
confession recorded under Section 164 CrPC of the appellant.
He submitted that the confession ... from police lockup. A perusal of the
alleged confession recorded under Section 164 CrPC suffers
from several infirmities, making it impossible for us to place
confession. It was observed as under:
" Confession ordinarily is admissible in evidence. It is a relevant
fact. It can be acted upon. Confession ... conviction of the accused, primarily on the
basis of his confession recorded under Section 164 CrPC , theCourt
must apply a double test:
(1) Whether
deposition of PW 32, the Magistrate who
recorded the confession under Section 164 of the Cr.P.C, to
be highly suspect. The confession ... time of production before
her before recording the confession under Section 164 .
28. Yet again, as we found, the confession of A1 is purely
exculpatory
further
submitted that sub- section 4 of Section 164 CrPC is applicable
for recording of confession of an accused person, whereas at the
Patna High ... Madanlal Chaudhary (supra)
squarely applies. Moreover, the recording of a confession under
section 164(4) CrPC is to be done in a manner provided under
August 2014 the
Appellant gave a confessional statement (Exh.190) under Section 164 of
Cr.P.C. before PW.11 - Mrs. Y. R. Mukkanwar, then ... SHIV app218.25.doc
Class, Thane. This confession was similar to what the Appellant had
disclosed on 29.07.2014 before Mr. Kadam., Senior
August 2014 the
Appellant gave a confessional statement (Exh.190) under Section 164 of
Cr.P.C. before PW.11 - Mrs. Y. R. Mukkanwar, then ... SHIV app218.25.doc
Class, Thane. This confession was similar to what the Appellant had
disclosed on 29.07.2014 before Mr. Kadam., Senior
August 2014 the
Appellant gave a confessional statement (Exh.190) under Section 164 of
Cr.P.C. before PW.11 - Mrs. Y. R. Mukkanwar, then ... SHIV app218.25.doc
Class, Thane. This confession was similar to what the Appellant had
disclosed on 29.07.2014 before Mr. Kadam., Senior
blood stained clothes and thirdly, the
voluntary confession of the Accused recorded under Section 164 of the
Cr.P.C.
7. It is submitted that ... hold that, the essential requirements
contemplated under Section 164(3) are complied, and the confession
given by the Accused is voluntary. The learned Sessions Judge
confession except in the manner laid down in S.
164. The power to record the confession had
obviously been given so that the confession might ... laid down. If proof of the confession by other
means was permissible, the whole provision of S.
164 including the safeguards contained
also
contended that the accused gave extra-judicial and judicial confession under
section 164 Cr.P.C and the medical evidence indicating homicidal death which ... other evidence, it can be
relied upon.
(v) Judicial Confession under Section 164 Cr.P.C: The
learned Legal Aid Counsel for the appellant submitted
