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1 - 10 of 10 (0.19 seconds)Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 364 in The Indian Penal Code, 1860 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 364A in The Indian Penal Code, 1860 [Entire Act]
Section 201 in The Indian Penal Code, 1860 [Entire Act]
Pancho vs State Of Haryana on 20 October, 2011
17. It is trite law that confession itself shall not form the basis of
conviction. Mr. Kanhaiya Prasad Singh has strenuously argued referring to
Section 3 of the Evidence Act that a confession of an accused made before the
Police would not fall in the category of evidence. However, Section 30
provides that a confession may be taken into consideration not only against its
maker but also against the co-accused. It is an evidence in a non-technical
sense. The Court will first look to the substantive evidence on which the
prosecution relies. If those evidence, in the estimation of the Court, is
satisfactory, capable of sustaining the charge framed against the accused, the
Court turns to the confession with a view to ensuring itself that the conclusion
which is inclined to draw from the other evidence is correct. Precisely, this is
the legal position clarified by the Hon‟ble Supreme Court in the case of
Haricharan Kurmi vs. State of Bihar, AIR 1964 SC 1184 which has been
reiterated by the Hon‟ble Apex Court in the case of Pancho vs. State of
Haryana AIR 2012 SC 523 on which the Counsel for the defence has relied
to criticize the judgment.
Raj Kumar Khurana vs State Of (Nct Of Delhi) & Anr on 5 May, 2009
We have also noticed that no sooner arrest of
the appellants including A/4 was made by the Police, the sending of text
messages/calls from the said mobile stopped. We thus conclude on this point
and held that recovery of the article from possession of A/4 gravely
incriminated the said appellant in the crime. The contention of Mr. Pramod
Kumar Singh, in the facts of the case, has no substance. The reliance placed
by him on paragraph 12 of Raj Kumar (supra) in our view is inappropriate.
Section 3 in The Indian Evidence Act, 1872 [Entire Act]
Section 30 in The Indian Evidence Act, 1872 [Entire Act]
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