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Palvinder Kaur vs The State Of Punjab(Rup ... on 22 October, 1952

Sup.CI/65-10 140 liberty to use in evidence the inculpatory part only. See Hanumant v. State of U.P. (1) and Palvinder Kaur v. The State of Punjab(1). The accused is entitled to insist that the entire ,admission including the exculpatory part must be tendered in evidence. But this principle is of no assistance to the accused where no part of his statement is self-exculpatory, and the prosecution intends to use the whole of the statement against the accused. Now, a confession may consist of several parts and may reveal not only the actual commission of the crime but also the motive, the preparation, the opportunity, the provocation, the weapons used, the intention, the concealment of the weapon and the subsequent conduct of the accused. If the confession is tainted, the taint attaches to each part of it. It is not permissible in law to separate one part and to admit it in evidence as a non- confessional statement. Each part discloses some incriminating fact, i.e., some fact which by itself or along with other admitted or proved facts suggests the inference that the accused committed the crime, and though each part taken singly may not amount to a confession, each of them being part of a confessional statement partakes of the character of a confession. If a statement contains an admission of an offence, not only that admission but also every other admission of an incriminating fact contained in the statement is part of the confession.
Supreme Court of India Cites 8 - Cited by 189 - M C Mahajan - Full Document
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