when the confession is made and the credibility of the
witnesses who speak for such a confession. The retraction
of extra-judicial confession which ... this Court held that
an unambiguous extra judicial confession possesses high
probative value force as it emanates from the person who
committed the crime
tried together for the same offence) the utility of such a confession as against the co-accused gets substantially impaired for all practical purposes unless ... fact which looms large in all the confessions recorded by PW-45 (Superintendent of Police, Special Task Force of CBI). On three dates during
wanted his confession to be recorded
by the Magistrate PW-2 administered oath to him and
recorded the confession. The Magistrate said in her
deposition ... time being in force.
The sub-section makes it clear that the power of the
Magistrate to record any confession or statement made
record by the prosecution
for corroborating the confessions were not acceptable and
the extra judicial confessions attributed to A-1 and spoken ... make the
confession. The judicial magistrate who heard the
confession certified that in his opinion the accused made
the confession voluntarily. That satisfaction could
tried together for the same offence) the utility of
such a confession as against the co-accused gets
substantially impaired for all practical purposes unless ... fact which looms
large in all the confessions recorded by PW-45
(Superintendent of Police, Special Task Force of CBI). On
three dates during
wanted his confession to be recorded by the Magistrate PW-2 administered oath to him and recorded the confession. The Magistrate said in her deposition ... time being, in force, or at any time afterwards before the commencement of the inquiry or trial;
Provided that no confession shall be recorded
extra judicial confession made
to PW-6 and PW-7, respondent had said that he took the girl
by force and kept
this Court hitherto.
Section 164 of the Code deals with recording of
confessions as well as statements. Sub-section (1) empowers
the magistrate to record ... whether or not he has jurisdiction in the case, record
any confession or statement made to him in the course of an
investigation under this
Code deals with recording of
confession and statements. The provision empowers a
judicial magistrate to record any confession or statements
made to him during ... this Chapter or under any other law for the time being in
force or at any time afterwards before the commencement of
the inquiry
been coaxed out from him. The third is that the said retracted confession had no corroboration, and therefore, cannot be made the basis for conviction ... been elicited from A2 by any coercion, threat or force, and therefore, the learned Single Judge of the High Court had spurned down that contention
