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Surinder Kumar vs State Of Punjab on 18 November, 1998

In Surinder Kumar V. State of Punjab 1999 CLJ,267 (SC), the extra judicial confession was allegedly made on 05.07.1992. An application for remand of the accused, was moved, on 10.07.1992 by PW10. The accused was also produced before the Magistrate concerned, on that day. However, the factum was not disclosed, in the remand paper, that the accused had made an extra-judicial confession before PW-6. The trial Court, however, relied upon the said extra-judicial confession. The matter was also brought to the notice of the High Court, in appeal, that since there was no mention of the extra- judicial confession, in the remand paper dated 10.07.1992, it could be safely held, that no such confession was made by the accused. However, the High Court dismissed the appeal. In appeal, before the Apex Court, the same very point was again highlighted. The Apex Court held that since no mention of the extra-judicial confession dated 5.7.1992 was made, in the remand paper dated 10.07.1992 it could be held that such a circumstance was fabricated. Thus, the observations made in Crl. Appeal No.541-DB of 2005
Supreme Court of India Cites 2 - Cited by 22 - M K Mukherjee - Full Document
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